SB 633,
as amended, Pavley. begin deleteCEQA: environmental impact reports.end deletebegin insertCEQA.end insert
The California Environmental Quality Actbegin delete (CEQA)end deletebegin insert, referred to as CEQA,end insert requires a lead agency, as defined, to prepare, or cause to be prepared, and certify completion of, an environmental impact reportbegin delete (EIR)end deletebegin insert, referred to as an EIR,end insert 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 prescribes certain requirements for the review of draft EIRs, as specified. CEQA prohibits a lead agency or responsible agency from requiring a subsequent or supplemental EIR when an EIR has been prepared for a project pursuant to its provisions, unless one or more of specified events occurs, including, among other things, that new information, which was not known and could not have been known at the time the EIR was certified as complete, becomes available.begin insert CEQA requires the Office of Planning and Research to prepare and develop, and the Secretary of the Natural Resources Agency to certify and adopt, guidelines for the implementation of CEQA. CEQA requires the office to review the
guidelines once every 2 years and recommend proposed changes or amendments to the guidelines to the secretary. CEQA requires the guidelines to include a list of classes of projects that have been determined not to have a significant effect on the environment and to exempt those classes of projects from CEQA, referred to as categorical exemptions.end insert
This bill would specificallybegin delete requireend deletebegin insert specifyend insert that the new information that becomes available was not known and could not have been known by the lead agency or any responsible agency at the time the EIR was certified as complete.begin insert The bill would authorize the office, by July 1, 2015, to prepare proposed revisions to the
guidelines to include as a categorical exemption projects involving minor temporary uses of land and public gatherings that have been determined not to have a significant effect on the environment and are therefore exempt from CEQA. The bill would require the secretary, by January 1, 2016, to certify and adopt the proposed revisions to the guidelines. Because a lead agency would be required to determine whether a project would fall within this categorical exemption, this bill would impose a state-mandated local program.end insert
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.
end insertbegin insertThis bill would provide that no reimbursement is required by this act for a specified reason.
end insertVote: majority.
Appropriation: no.
Fiscal committee: begin deleteno end deletebegin insertyesend insert.
State-mandated local program: begin deleteno end deletebegin insertyesend insert.
The people of the State of California do enact as follows:
begin insertSection 21084.2 is added to the end insertbegin insertPublic Resources
2Codeend insertbegin insert, to read:end insert
(a) On or before July 1, 2015, the Office of Planning
4and Research may prepare and transmit to the Secretary of the
5Natural Resources Agency for certification and adoption proposed
6revisions to the guidelines involving minor temporary uses of land
7and public gatherings that have been determined not to have a
P3 1significant effect on the environment and that are exempt from this
2division.
3(b) On or before January 1, 2016, the Secretary of the Natural
4Resources Agency shall certify and adopt the proposed revisions
5prepared pursuant to subdivision (a) in accordance with Section
621083.
7(c) This section shall not be construed to be a limitation on
8requirements under this division and
any other laws.
Section 21166 of the Public Resources Code is
11amended to read:
When an environmental impact report has been prepared
13for a project pursuant to this division,begin delete noend deletebegin insert aend insert subsequent or
14supplemental environmental impact report shallbegin insert notend insert be required
15by the lead agency or by any responsible agency, unless one or
16more of the following events occurs:
17(a) Substantial changes are proposed in the project that will
18require major revisions of the environmental impact report.
19(b) Substantial changes occur with respect to the circumstances
20under which the project is being undertaken that will require major
21revisions in the environmental impact report.
22(c) New information, which was not known and could not have
23been known by the lead agency or any responsible agency at the
24time the environmental impact report was certified as complete,
25becomes available.
No reimbursement is required by this act pursuant to
27Section 6 of Article XIII B of the California Constitution because
28a local agency or school district has the authority to levy service
29charges, fees, or assessments sufficient to pay for the program or
30level of service mandated by this act, within the meaning of Section
3117556 of the Government Code.
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