BILL NUMBER: AB 231	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 9, 2010
	AMENDED IN SENATE  JUNE 23, 2010
	AMENDED IN SENATE  JUNE 26, 2009
	AMENDED IN SENATE  JUNE 18, 2009
	AMENDED IN ASSEMBLY  APRIL 29, 2009

INTRODUCED BY   Assembly Member Huber

                        FEBRUARY 5, 2009

   An act to amend Section 21094 of the Public Resources Code,
relating to the environment, and declaring the urgency thereof, to
take effect immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 231, as amended, Huber. Environment: California Environmental
Quality Act: overriding consideration.
   (1) 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 (EIR) 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.
The 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. For
projects whose environmental impacts can not be mitigated to less
than significance, existing law authorizes a lead agency to find that
specified overriding economic, legal, social, technological, or
other benefits of the project outweigh the significant effects on the
environment. If  a   prior environmental
impact report   an   EIR  has been
prepared and certified for a program, plan, policy, or ordinance, a
lead agency is required to use a tiered  environmental impact
report   EIR  for a later project if the lead
agency determines that the later project is consistent with the
program, plan, policy, or ordinance, and satisfies other criteria.
   This bill would authorize a lead agency  , until January 1,
2016,  to rely on a finding of overriding consideration made in
a prior  environmental impact report   EIR 
for a later project if  specified conditions are met, including
that  the lead agency determines that the later project's
significant impacts on the environment are  no  
not  greater than  or different from  those identified
in the prior  environmental impact report  
from which the project is tiered   EIR  .
   (2) This bill would declare that it is to take effect immediately
as an urgency statute.
   Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 21094 of the Public Resources Code is amended
to read:
   21094.  (a) (1) If a prior environmental impact report has been
prepared and certified for a program, plan, policy, or ordinance, the
lead agency for a later project that meets the requirements of this
section shall examine significant effects of the later project upon
the environment by using a tiered environmental impact report, except
that the report on the later project need not examine those effects
that the lead agency determines were either (1) mitigated or avoided
pursuant to paragraph (1) of subdivision (a) of Section 21081 as a
result of the prior environmental impact report, or (2) examined at a
sufficient level of detail in the prior environmental impact report
to enable those effects to be mitigated or avoided by  site
specific   site-specific  revisions, the imposition
of conditions, or other means in connection with the approval of the
later project.
   (2) If a prior environmental impact report has been prepared and
certified for a program, plan, policy, or ordinance, and the lead
agency makes a finding of overriding consideration pursuant to
subdivision (b) of Section 21081, the lead agency for a later project
that uses a tiered environmental impact report from that program,
plan, policy, or ordinance may rely on that finding of 
overriding consideration if the lead agency determines that the
project's significant impacts on the environment are no greater than
those identified in the environmental impact report from which the
project is tiered.   overriding consideration if all of
the   following conditions are met:  
   (A) The lead agency determines that the project's significant
impacts on the environment are not greater than or different from
those identified in the prior environmental impact report.  

   (B) The lead agency incorporates into the later project all the
applicable mitigation measures identified by the prior environmental
impact report.  
   (C) The prior statement of overriding considerations was not based
on a determination that mitigation measures should be identified and
approved in a subsequent environmental review.  
   (D) The prior environmental impact report was certified not more
than three years before the date findings are made pursuant to
Section 21081 for the later project.  
   (E) Section 21166 does not apply to the prior environmental impact
report.  
   (3) On and after January 1, 2016, a lead agency may not take
action pursuant to paragraph (2) with regard to relying on a finding
of overriding consideration made in a prior environmental impact
report and paragraph (2) shall become inoperative on that date. 

   (b) This section applies only to a later project that the lead
agency determines (1) is consistent with the program, plan, policy,
or ordinance for which an environmental impact report has been
prepared and certified, (2) is consistent with applicable local land
use plans and zoning of the city, county, or city and county in which
the later project would be located, and (3) is not subject to
Section 21166.
   (c) For purposes of compliance with this section, an initial study
shall be prepared to assist the lead agency in making the
determinations required by this section. The initial study shall
analyze whether the later project may cause significant effects on
the environment that were not examined in the prior environmental
impact report.
   (d) All public agencies that propose to carry out or approve the
later project may utilize the prior environmental impact report and
the environmental impact report on the later project to fulfill the
requirements of Section 21081.
   (e) If tiering is used pursuant to this section, an environmental
impact report prepared for a later project shall refer to the prior
environmental impact report and state where a copy of the prior
environmental impact report may be examined.
  SEC. 2.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
   To promote, as soon as possible, the creation of jobs in the state
by expediting the environmental review of a project, thereby
preserving the public peace, health, and safety, it is necessary for
this measure to take effect immediately.