Amended in Assembly March 20, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 2353

Introduced by Assembly Member Waldron

February 21, 2014

An act to begin delete amend Section 21082.2 of end delete begin insert add Section 21080.31 to end insert the Public Resources Code, relating to the environment.

LEGISLATIVE COUNSEL’S DIGEST

AB 2353, as amended, Waldron. Environmental quality: environmental impact reports.

The California Environmental Quality Act 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. The act 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. The act requires the lead agency to determine whether a project may have a significant effect on the environment based on substantial evidence in light of the whole record. begin insert The act exempts certain specified projects from its requirements. end insert

begin delete

This bill would make technical, nonsubstantive changes to that provision.

end delete begin insert

This bill would exempt a project to expand the storage capacity of a surface water storage facility that meets specified requirements.

end insert

Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 21080.31 is added to the end insert begin insert Public Resources
Code end insert begin insert , to read: end insert

begin insert

begin insert 21080.31. end insert   

(a) This division does not apply to a project to
expand the storage capacity of a surface water storage facility
that meets all of the following requirements:

(1) The facility is owned and operated by a public agency.

(2) The facility supplies water for both agricultural and
nonagricultural purposes.

(3) The project expands the water storage capacity of the facility
by no more than 25 percent.

(4) The project complies with all applicable federal and state
safety guidelines.

(b) This section does not alter, affect, expand, or diminish the
obligation of a public agency to comply with other applicable state
or federal laws and regulations.

end insert

begin delete

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.

end delete