BILL NUMBER: AB 2431	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Linder

                        FEBRUARY 19, 2016

   An act to amend Section 21157.5 of the Public Resources Code,
relating to environmental quality.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2431, as introduced, Linder. California Environmental Quality
Act: subsequent projects.
   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 authorizes the lead agency to prepare a mitigated negative
declaration for a proposed subsequent project if certain conditions
are met.
   This bill would make nonsubstantive changes to that provision.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 21157.5 of the Public Resources Code is amended
to read:
   21157.5.  (a) A proposed mitigated negative declaration shall be
prepared for  any   a  proposed subsequent
project if both of the following occur:
   (1) An initial study has identified potentially new or additional
significant effects on the environment that were not analyzed in the
master environmental impact report.
   (2) Feasible mitigation measures or alternatives will be
incorporated to revise the proposed subsequent project, before the
negative declaration is released for public review,  in order
 to avoid the effects or mitigate the effects to a point
where clearly no significant effect on the environment will occur.
   (b) If there is substantial evidence in light of the whole record
before the lead agency that the proposed subsequent project may have
a significant effect on the environment and a mitigated negative
declaration is not prepared, the lead agency shall prepare an
environmental impact report or a focused environmental impact report
pursuant to Section 21158.