BILL NUMBER: AB 598	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 31, 2011

INTRODUCED BY   Assembly Member Grove

                        FEBRUARY 16, 2011

    An act to amend Section 21082.2 of the Public Resources
Code,   An act to add Section 21167.05 to the Public
Resources Code,  relating to the environment.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 598, as amended, Grove. Environmental quality: 
environmental impact report.   CEQA: standing. 
   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 these
provisions.  
   CEQA confers standing on a person satisfying specified
requirements to file and maintain an action or proceeding alleging
that an EIR, a negative declaration, or a mitigated negative
declaration was not prepared and certified in compliance with CEQA.
 
   This bill would limit the standing to file and maintain the above
action or proceeding to the Attorney General. 
   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 21167.05 is added to the 
 Public Resources Code   , to read:  
   21167.05.  Notwithstanding any other law, a person, other than the
Attorney General, shall not commence or maintain an action or
proceeding alleging that an environmental impact report, a negative
declaration, or a mitigated negative declaration does not comply with
this division.  
  SECTION 1.    Section 21082.2 of the Public
Resources Code is amended to read:
   21082.2.  (a) The lead agency shall determine whether a project
may have a significant effect on the environment based on substantial
evidence in light of the whole record.
   (b) The existence of public controversy over the environmental
effects of a project shall not require preparation of an
environmental impact report if there is no substantial evidence in
light of the whole record before the lead agency that the project may
have a significant effect on the environment.
   (c) Argument, speculation, unsubstantiated opinion or narrative,
evidence that is clearly inaccurate or erroneous, or evidence of
social or economic impacts that do not contribute to, or are not
caused by, physical impacts on the environment, is not substantial
evidence. Substantial evidence shall include facts, reasonable
assumptions predicated upon facts, and expert opinion supported by
facts.
   (d) If there is substantial evidence, in light of the whole record
before the lead agency, that a project may have a significant effect
on the environment, an environmental impact report shall be
prepared.
   (e) Statements in an environmental impact report and comments with
respect to an environmental impact report shall not be deemed
determinative of whether the project may have a significant effect on
the environment.