Bill Text: CA AB2052 | 2011-2012 | Regular Session | Introduced

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Bill Title: Environmental quality: CEQA.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-02-24 - From printer. May be heard in committee March 25. [AB2052 Detail]

Download: California-2011-AB2052-Introduced.html

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BILL NUMBER: AB 2052	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Buchanan

                        FEBRUARY 23, 2012

   An act to amend Section 21080.1 of the Public Resources Code,
relating to environmental quality.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2052, as introduced, Buchanan. Environmental quality: 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
impact on the environment or to adopt a negative declaration if it
finds that the project will not have that impact. 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. CEQA provides for the
judicial review of a lead agency's decision to certify an EIR.
   This bill would make a technical, nonsubstantive change to these
provisions.
   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 21080.1 of the Public Resources Code is amended
to read:
   21080.1.  (a) The lead agency shall be responsible for determining
whether an environmental impact report, a negative declaration, or a
mitigated negative declaration shall be required for any project
 which   that  is subject to this division.
That determination shall be final and conclusive on all persons,
including responsible agencies, unless challenged as provided in
Section 21167.
   (b) In the case of a project described in subdivision (c) of
Section 21065, the lead agency shall, upon the request of a potential
applicant, provide for consultation prior to the filing of the
application regarding the range of actions, potential alternatives,
mitigation measures, and any potential and significant effects on the
environment of the project.