Amended in Assembly January 4, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 1473

Introduced by Assembly Member Salas

February 27, 2015

An act to amend begin delete Section 21060.5 end delete begin insert Sections 21181, 21189.1, and 21189.3 end insert of the Public Resources Code, relating to environmental quality.

LEGISLATIVE COUNSEL’S DIGEST

AB 1473, as amended, Salas. California Environmental Quality Act.

The California Environmental Quality Act begin insert (CEQA) end insert requires a lead agency to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project, as defined, that it proposes to carry out or approve that may have a significant effect on the environment, as defined, or to adopt a negative declaration if it finds that the project will not have that effect.

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This bill would make technical, nonsubstantive changes to a provision within the act.

end delete begin insert

The Jobs and Economic Improvement Through Environmental Leadership Act of 2011 authorizes the Governor to certify projects meeting certain requirements as environmental leadership development projects eligible for specified streamlining benefits under CEQA, including, among other things, the concurrent preparation of the record of proceedings for the project. The act provides that these streamlining benefits do not apply to a project if the Governor does not certify a project prior to January 1, 2016, and that the certification expires if the lead agency fails to approve the environmental leadership project prior to January 1, 2017. The act is repealed by its own terms on January 1, 2017.

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This bill would extend the time by which the Governor may certify projects as environmental leadership projects to January 1, 2019, and would extend the time by which lead agencies are required to approve certified projects to January 1, 2020, in order for certified projects to benefit from the streamlining benefits. Because the bill would extend the time period in which lead agencies would be required to concurrently prepare the record of proceedings, the bill would impose a state-mandated local program. The bill would repeal the act on January 1, 2021.

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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.

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This bill would provide that no reimbursement is required by this act for a specified reason.

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Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program:  begin delete no end delete begin insert yes end insert .

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

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begin insert SECTION 1. end insert   

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begin insert Section 21181 of the end insert begin insert Public Resources Code end insert begin insert is
amended to read: end insert

21181.  

This chapter does not apply to a project if the Governor
does not certify begin delete a end delete begin insert the end insert project as an environmental leadership
development project eligible for streamlining provided pursuant
to this chapter prior to January 1, begin delete 2016. end delete begin insert 2019. end insert

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 21189.1 of the end insert begin insert Public Resources Code end insert begin insert is
amended to read: end insert

21189.1.  

If, prior to January 1, begin delete 2017, end delete begin insert 2020, end insert a lead agency fails
to approve a project certified by the Governor pursuant to this
chapter, then the certification expires and is no longer valid.

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begin insert SEC. 3. end insert   

end insert

begin insert Section 21189.3 of the end insert begin insert Public Resources Code end insert begin insert is
amended to read: end insert

21189.3.  

This chapter shall remain in effect until January 1,
begin delete 2017, end delete begin insert 2021, end insert and as of that date is repealed unless a later enacted
statute extends or repeals that date.

begin insert

begin insert SEC. 4. end insert   

end insert begin insert

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.

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begin delete

SECTION 1.  

Section 21060.5 of the Public Resources Code
is amended to read:

21060.5.  

“Environment” means the physical conditions that
exist within the area that will be affected by a proposed project,
including land, air, water, minerals, flora, fauna, noise, and objects
of historic or aesthetic significance.

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