Bill Text: CA AB2353 | 2013-2014 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Environmental quality: water storage facilities.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2014-05-29 - From committee without further action pursuant to Joint Rule 62(a). [AB2353 Detail]

Download: California-2013-AB2353-Introduced.html

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BILL NUMBER: AB 2353	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Waldron

                        FEBRUARY 21, 2014

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


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2353, as introduced, 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.
   This bill would make technical, nonsubstantive changes to that
provision.
   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 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  which   that  is clearly
inaccurate or erroneous, or evidence of social or economic impacts
 which   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.