Amended in Senate May 7, 2013

Amended in Senate April 9, 2013

Senate Bill No. 659

Introduced by Senator Hancock

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(Coauthors: Senators Corbett and Gaines)

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February 22, 2013

An act to add Section 21083.2.5 to the Public Resources Code, relating to environmental quality.

LEGISLATIVE COUNSEL’S DIGEST

SB 659, as amended, Hancock. Environmental quality: archaeological resources: qualifications.

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 determine whether a project may have a significant effect on archaeological resources.

CEQA requires the Office of Planning and Research to prepare, develop, and review on a biennial basis, and the Secretary of the Natural Resources Agency to certify and adopt, guidelines for the implementation of CEQA.

This bill would require the office, on its next review of the guidelines, to prepare and develop proposed changes and amendments to the guidelines to establish begin delete professional qualifications for a person performing an end delete begin insert standards for proper end insert archaeological evaluation begin insert conducted end insert for the purposes of CEQA.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 21083.2.5 is added to the Public
Resources Code, to read:

21083.2.5.  

(a) On or after January 1, 2014, at the time of the
next review of the guidelines prepared and developed to implement
this division pursuant to subdivision (f) of Section 21083, the
Office of Planning and Research, in cooperation with the State
Historical Resources Commission, shall prepare, develop, and
transmit to the Secretary of the Natural Resources Agency
recommended proposed changes or amendments to the guidelines
establishing begin delete professional qualifications for a person performing
an end delete begin insert standards for proper end insert archaeological evaluation begin insert conducted end insert for
the purposes of Section 21083.2.

(b) Upon receipt and review, the Secretary of the Natural
Resources Agency shall certify and adopt the recommended
proposed changes or amendments prepared and developed pursuant
to subdivision (a).