BILL NUMBER: SB 532 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Romero
FEBRUARY 20, 2003
An act to amend Section 21083 and 21100 of, and to add Sections
21001.5 and 21060.2 to, the Public Resources Code, relating to
environmental quality.
LEGISLATIVE COUNSEL'S DIGEST
SB 532, as introduced, Romero. Environmental quality: cumulative
effects.
(1) The existing California Environmental Quality Act (CEQA)
generally requires a lead agency to prepare, or cause to be prepared,
and certify the completion of, an environmental impact report (EIR)
on a project that it proposes to carry out or approve that may have a
significant effect on the environment, as defined. CEQA requires an
EIR to include a detailed statement setting forth all significant
effects on the environment of the proposed project. CEQA requires a
lead agency to find that a project may have a significant effect on
the environment if the possible effects of a project are individually
limited, but cumulatively considerable.
This bill would eliminate the requirement that a lead agency find
that a project may have a significant effect on the environment if
the possible effects of a project are individually limited, but
cumulatively considerable. The bill would define "cumulative effects"
and would require an EIR to include a detailed statement on
significant cumulative effects. The bill would also require an EIR
in a separate section to determine whether or not there is a
reasonable possibility that the project, or the cumulative effects of
the project, would result in, or contribute to, a significant risk
to public health from exposure to one or more hazardous or toxic
substances or materials. If a reasonable possibility does exist, the
bill would require a risk assessment to be performed to ascertain
the risk to human health. By imposing additional duties on lead
agencies, the bill would impose a state-mandated local program.
(2) CEQA makes Legislative findings related to environmental
quality and the application of CEQA.
This bill would further declare that promoting environmental
justice shall be a guiding criterion in public decisions made
pursuant to this CEQA.
(3) 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, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
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 21000.5 is added to the Public Resources Code,
to read:
21000.5. The Legislature further finds and declares that
promoting environmental justice, as defined in subdivision (e) of
Section 65040.12 of the Government Code, shall be a guiding criterion
in public decisions made pursuant to this division.
SEC. 2. Section 21060.2 is added to the Public Resources Code, to
read:
21060.2. "Cumulative effects" means two or more individual
effects that, when considered together, are considerable, or that
compound or increase other environmental effects.
(a) The individual effects may be changes resulting from a single
project or a number of separate projects.
(b) The cumulative effect from several projects is the change in
the environment that results from the incremental impact of the
project when added to other related past, present, and reasonably
foreseeable future projects. Cumulative effects can result from
individually minor but collectively significant projects taking place
over a period of time.
SEC. 3. Section 21083 of the Public Resources Code is amended to
read:
21083. (a) The Office of Planning and Research shall prepare and
develop proposed guidelines for the implementation of this division
by public agencies. The guidelines shall include objectives and
criteria for the orderly evaluation of projects and the preparation
of environmental impact reports and negative declarations in a manner
consistent with this division.
(b) The guidelines shall specifically include criteria for public
agencies to follow in determining whether or not a proposed project
may have a "significant effect on the environment." The criteria
shall require a finding that a project may have a "significant effect
on the environment" if any either of
the following conditions exist:
(1) A proposed project has the potential to degrade the quality of
the environment, curtail the range of the environment, or to achieve
short-term, to the disadvantage of long-term, environmental goals.
(2) The possible effects of a project are individually
limited but cumulatively considerable. As used in this paragraph,
"cumulatively considerable" means that the incremental effects of an
individual project are considerable when viewed in connection with
the effects of past projects, the effects of other current projects,
and the effects of probable future projects.
(3) The environmental effects of a project will cause
substantial adverse effects on human beings, either directly or
indirectly.
(c) The guidelines shall include procedures for determining the
lead agency pursuant to Section 21165.
(d) The guidelines shall include criteria for public agencies to
use in determining when a proposed project is of sufficient
statewide, regional, or areawide environmental significance that a
draft environmental impact report, a proposed negative declaration,
or a proposed mitigated negative declaration shall be submitted to
appropriate state agencies, through the State Clearinghouse, for
review and comment prior to completion of the environmental impact
report, negative declaration, or mitigated negative declaration.
(e) The Office of Planning and Research shall develop and prepare
the proposed guidelines as soon as possible and shall transmit them
immediately to the Secretary of the Resources Agency. The Secretary
of the Resources Agency shall certify and adopt the guidelines
pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of
Division 3 of Title 2 of the Government Code, which shall become
effective upon the filing thereof. However, the guidelines
shall may not be adopted without compliance with
Sections 11346.4, 11346.5, and 11346.8 of the Government Code.
SEC. 4. Section 21100 of the Public Resources Code is amended to
read:
21100. (a) All A lead
agencies agency shall prepare, or cause to be
prepared by contract, and certify the completion of, an environmental
impact report on any a project
which they propose that it proposes to
carry out or approve that may have a significant effect on the
environment. Whenever feasible, a standard format shall be used for
environmental impact reports.
(b) The environmental impact report shall include a detailed
statement setting forth all of the following:
(1) All The significant effects on
the environment of the proposed project , including significant
cumulative effects .
(2) In a separate section:
(A) Any The significant
effect effects on the environment that
cannot be avoided if the project is implemented.
(B) Any The significant
effect effects on the environment that would be
irreversible if the project is implemented.
(3) Mitigation measures proposed to minimize significant effects
on the environment, including, but not limited to, measures to reduce
the wasteful, inefficient, and unnecessary consumption of energy.
(4) Alternatives to the proposed project.
(5) The growth-inducing impact of the proposed project.
(6) A statement briefly indicating the reasons for determining
that various effects on the environment of a project are not
significant and consequently have not been discussed in detail in the
environmental impact report.
(7) A determination whether or not there is a reasonable
possibility that the project, or the cumulative effects of the
project, would result in, or contribute to, a significant risk to
public health from exposure to one or more hazardous or toxic
substances or materials. If a reasonable possibility does exist, a
risk assessment shall be performed to ascertain the risk to human
health. The risk assessment shall be consistent with the provisions
of subdivisions (b) and (c) of Section 25356.1.5 of the Health and
Safety Code.
(c) The report shall also contain a statement briefly
indicating the reasons for determining that various effects on the
environment of a project are not significant and consequently have
not been discussed in detail in the environmental impact report.
(d) For purposes of this section, any
a significant effect on the environment shall be limited
to substantial, or potentially substantial, adverse changes in
physical conditions which that exist
within the area as defined in Section 21060.5.
(e)
(d) Previously approved land use documents, including, but
not limited to, general plans, specific plans, and local coastal
plans, may be used in cumulative impact analysis.
SEC. 5. Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code. If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.