BILL ANALYSIS
SB 1293
SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
Senator S. Joseph Simitian, Chairman
2009-2010 Regular Session
BILL NO: SB 1293
AUTHOR: Hollingsworth
AMENDED: April 13, 2010
FISCAL: Yes HEARING DATE: April 19, 2010
URGENCY: No CONSULTANT: Randy Pestor
SUBJECT : CALIFORNIA ENVIRONMENTAL QUALITY ACT
SUMMARY :
Existing law , under the California Environmental Quality Act
(CEQA), requires lead agencies with the principal
responsibility for carrying out or approving a proposed
discretionary project to prepare a negative declaration,
mitigated declaration, or environmental impact report (EIR)
for this action, unless the project is exempt from CEQA (CEQA
includes various statutory exemptions, as well as categorical
exemptions in the CEQA guidelines). An initial study is
prepared to determine whether a project may have a significant
effect on the environment. The Office of Planning and
Research (OPR) must prepare and develop proposed guidelines to
implement CEQA, and submit them to the Secretary of the
Resources Agency for certification and adoption. OPR must
review the guidelines at least every two years and recommend
changes or amendments to the Secretary for certification and
adoption.
This bill , under CEQA, requires OPR, at the next CEQA
guidelines update on or after January 1, 2011, to prepare
guidelines recommending changes to the initial study checklist
for the inclusion of questions relating to vegetation
management projects to reduce fire hazards that are located in
SRAs or within very high hazard severity zones. After receipt
and review, the Natural Resources Agency must certify and
adopt the guidelines.
COMMENTS :
1) Purpose of Bill . According to the author, "SB 1293 seeks
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to amend the Public Resources Code to allow a streamlined
process for strategic vegetation management activities that
reduce fire hazards. Streamlining the environmental review
process for strategic vegetation management will result in
increased safety for the public, mitigation of potential
fiscal impacts after a disaster, and protection of
sensitive species and habitat."
2) Brief background on CEQA . CEQA provides a process for
evaluating the environmental effects of a project, and
includes statutory exemptions, as well as categorical
exemptions in the CEQA guidelines. If a project is not
exempt from CEQA, an initial study is prepared to determine
whether a project may have a significant effect on the
environment. If the initial study shows that there would
not be a significant effect on the environment, the lead
agency must prepare a negative declaration. If the initial
study shows that the project may have a significant effect
on the environment, the lead agency must prepare an EIR.
Generally, an EIR must accurately describe the proposed
project, identify and analyze each significant
environmental impact expected to result from the proposed
project, identify mitigation measures to reduce those
impacts to the extent feasible, and evaluate a range of
reasonable alternatives to the proposed project. Prior to
approving any project that has received environmental
review, an agency must make certain findings. If
mitigation measures are required or incorporated into a
project, the agency must adopt a reporting or monitoring
program to ensure compliance with those measures.
If a mitigation measure would cause one or more significant
effects in addition to those that would be caused by the
proposed project, the effects of the mitigation measure
must be discussed but in less detail than the significant
effects of the proposed project.
3) Related legislation . SB 1207 (Kehoe): a) requires OPR to
update its November 2003 "Fire Hazard Planning" document;
b) requires the safety element to consider the most current
version of that document prior to January 1, 2015, and at
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each update of the housing element after that date, and to
require the safety element to include additional fire
hazard measures for certain areas; and c) requires OPR to
recommend changes to the CEQA initial study checklist to
include questions relating to fire hazard impacts in SRAs
and very high fire hazard severity zone lands.
SB 505 (Kehoe) of 2009, is similar to SB 1207, and was vetoed.
SB 1500 (Kehoe) of 2008 prohibited counties from approving
projects in SRAs until the county received certification
from fire protection agencies that there is or will be
sufficient structural fire protection for the project. SB
1500 also required consultation and notices under CEQA for
all projects in those areas. SB 1500 was placed on the
Assembly inactive file. AB 2447 (Jones) of 2008, which was
vetoed, required counties to deny approval of a tentative
or parcel subdivision map in SRAs and very high fire hazard
severity zones, unless certain findings could be made. AB
666 (Jones) of 2009 addressed similar issues and was
vetoed.
4) Exploring options . While SB 1293 provides for revisions to
the CEQA initial study checklist, the sponsor, author,
staff, and interested parties will be considering other
issues relating to environmental review of vegetation
management projects to reduce fire hazards. If there are
amendments, this bill should then be referred back to the
Environmental Quality Committee.
SOURCE : San Diego County
SUPPORT : Regional Council of Rural Counties
OPPOSITION : None on file