AB 953, as introduced, Ammiano. California Environmental Quality Act.
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. 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 defines “environment” and “significant effect on the environment” for its purposes. CEQA requires the EIR to include a detailed statement setting forth specified facts.
This bill would revise those definitions, as specified. This bill would additionally require the lead agency to include in the EIR a detailed statement on any significant effects that may result from locating the proposed project near, or attracting people to, existing or reasonably foreseeable natural hazards or adverse environmental conditions. Because the lead agency would be required to undertake this additional consideration, 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 21060.5 of the Public Resources Code
2 is amended to read:
“Environment” means the physical conditionsbegin delete whichend delete
4begin insert thatend insert exist within the areabegin delete whichend deletebegin insert thatend insert will be affected by a proposed
5project, including land, air, water, minerals, flora, fauna, noise,
6objects of historic or aesthetic significancebegin insert, as well as the health
7and safety of people affected by the physical conditions at the
8location of a projectend insert.
Section 21068 of the Public Resources Code is
10amended to read:
“Significant effect on the environment” means a
12substantial, or potentially substantial, adverse change in the
13environment.begin insert “Significant effect on the environment” includes
14exposure of people, either directly or indirectly, to a substantial
15existing or reasonably foreseeable natural hazard or adverse
16condition of the environment.end insert
Section 21100 of the Public Resources Code is
18amended to read:
(a) All lead agencies shall prepare, or cause to be
20prepared by contract, and certify the completion of, an
21environmental impact report on any project which they propose
22to carry out or approve that may have a significant effect on the
23environment. Whenever feasible, a standard format shall be used
24for environmental impact reports.
25(b) The environmental impact report shall include a detailed
26statement setting forth all of the following:
27(1) All significant effects on the environment of the proposed
28project.
P3 1(2) In a separate section:
2(A) Any significant effect on the environment that cannot be
3avoided if the project is implemented.
4(B) Any significant effect on the environment that would be
5irreversible if the project is implemented.
6(3) Mitigation measures proposed to minimize significant effects
7on the environment, including, but not limited to, measures to
8reduce the wasteful, inefficient, and unnecessary consumption of
9energy.
10(4) Alternatives to the proposed project.
11(5) The growth-inducing impact of the proposed project.
begin insert
12(6) Any significant effects that may result from locating the
13proposed project near, or attracting
people to, existing or
14reasonably foreseeable natural hazards or adverse environmental
15conditions.
16(c) The report shall also contain a statement briefly indicating
17the reasons for determining that various effects on the environment
18of a project are not significant and consequently have not been
19discussed in detail in the environmental impact report.
20(d) For purposes of this section, any significant effect on the
21environment shall be limited to substantial, or potentially
22substantial, adverse changes in physical conditionsbegin delete whichend deletebegin insert thatend insert
23 exist within the area as defined in Section 21060.5.
24(e) Previously
approved land use documents, including, but not
25limited to, general plans, specific plans, and local coastal plans,
26may be used in cumulative impact analysis.
No reimbursement is required by this act pursuant to
28Section 6 of Article XIII B of the California Constitution because
29a local agency or school district has the authority to levy service
30charges, fees, or assessments sufficient to pay for the program or
31level of service mandated by this act, within the meaning of Section
3217556 of the Government Code.
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