BILL NUMBER: AB 1589	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Mathis

                        JANUARY 6, 2016

   An act to add Section 21080.47 to the Public Resources Code,
relating to the environment.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1589, as introduced, Mathis. California Environmental Quality
Act: exemption.
   (1) 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 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
exempts certain projects from its requirements.
   The California Emergency Services Act authorizes the Governor,
during a state of emergency, to issue a proclamation of a state of
emergency and to suspend any regulatory statute where the Governor
determines and declares that strict compliance with the statute would
prevent, hinder, or delay the mitigation of the effects of the
emergency.
   This bill would, for the duration of a state of emergency
proclaimed by the Governor due to drought, flood, or fire, exempt
from the requirements of CEQA projects that are undertaken, carried
out, or approved by a public agency to mitigate the effects of, or
conditions caused by, drought, flood, or fire.
   Because a public agency would be required to determine whether
this exemption applies, this bill would impose a state-mandated local
program.
   (2) 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 21080.47 is added to the Public Resources Code,
to read:
   21080.47.  (a) This division does not apply to projects that are
undertaken, carried out, or approved by a public agency to mitigate
the effects of, or conditions caused by, drought, flood, or fire for
which a state of emergency has been proclaimed by the Governor
pursuant to Chapter 7 (commencing with Section 8550) of Division 1 of
Title 2 of the Government Code.
   (b) This section is operative only while a state of emergency due
to drought, flood, or fire is in effect.
  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.