BILL NUMBER: SB 1195	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Wyland

                        FEBRUARY 18, 2010

   An act to amend Section 21004 of the Public Resources Code,
relating to the environment.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1195, as introduced, Wyland. Environment: CEQA.
   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 (EIR) 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.
   This bill would make technical, nonsubstantive changes to CEQA.
   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 21004 of the Public Resources Code is amended
to read:
   21004.  In mitigating or avoiding a significant effect of a
project on the environment, a public agency may  only 
exercise  only  those express or implied powers
provided by law other than this division. However, a public agency
may use discretionary powers provided by  such 
other law for the purpose of mitigating or avoiding a significant
effect on the environment subject to the express or implied
constraints or limitations that may be provided by law.