BILL NUMBER: AB 543 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 24, 2014
AMENDED IN ASSEMBLY MAY 24, 2013
AMENDED IN ASSEMBLY MAY 6, 2013
AMENDED IN ASSEMBLY APRIL 22, 2013
AMENDED IN ASSEMBLY APRIL 8, 2013
INTRODUCED BY Assembly Member Campos
FEBRUARY 20, 2013
An act to add Section 21097 21083.02
to the Public Resources Code, relating to environmental quality.
LEGISLATIVE COUNSEL'S DIGEST
AB 543, as amended, Campos. California Environmental Quality Act:
translation.
Existing law, the California Environmental Quality Act, referred
to as 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. CEQA requires a lead agency to provide and post
specified notices. CEQA requires the Office of Planning
and Research to prepare and develop guidelines for the implementation
of CEQA and the Secretary of the Natural Resources Agency to certify
and adopt those guidelines.
This bill would require a lead agency to translate, as
specified, certain notices required by the act and a summary of any
negative declaration, mitigated negative declaration, or
environmental impact report when a group of non-English-speaking
people, as defined, comprises at least 25% of the population within
the lead agency's jurisdiction and the project is proposed to be
located at or near an area where the group of non-English-speaking
people comprises at least 25% of the residents of that area.
the office, on or before July 1, 2016, to prepare and
develop recommended amendments to the guidelines and the secretary,
on or before January 1, 2017, to certify and adopt those amendments
to the guidelines to establish criteria for a lead agency to assess
the need for translating those notices into non-English languages, as
specified. By requiring a lead agency to translate
these notices and documents, consider the criteria for
translating those notices, this bill would impose a
state-mandated local program.
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.
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 21097 is added to the Public
Resources Code, to read:
21097. (a) When a group of non-English-speaking people comprises
at least 25 percent of the population within a lead agency's
jurisdiction, and a project is proposed to be located at or near an
area where the group of non-English-speaking people comprises at
least 25 percent of the residents of that area, a lead agency shall
translate each of the following into the language spoken by that
group of non-English-speaking people:
(1) Any notice required pursuant to Section 21083.9, 21092, 21152,
21161 or any notice authorized pursuant to subdivision (b) of
Section 21108 or subdivision (b) of Section 21152.
(2) A summary of any negative declaration, mitigated negative
declaration, or environmental impact report.
(b) For the purposes of this section, "group of
non-English-speaking people" means a group whose members either do
not speak English or who are unable to effectively communicate in
English because it is not their native language.
SECTION 1. Section 21083.02 is added to the
Public Resources Code , to read:
21083.02. On or before July 1, 2016, the Office of Planning and
Research shall prepare, develop, and transmit to the Secretary of the
Natural Resources Agency recommended amendments to the guidelines to
establish criteria for a lead agency to assess the need for
translating notices required pursuant to Sections 21083.9, 21092,
21108, and 21152 into non-English languages for projects considered
pursuant to this division and requirements for posting these notices
in non-English languages. The secretary shall certify and adopt those
amendments on or before January 1, 2017.
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.