Bill Text: CA AB2447 | 2017-2018 | Regular Session | Amended
Bill Title: California Environmental Quality Act: land use: environmental justice.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Vetoed) 2018-09-30 - Vetoed by Governor. [AB2447 Detail]
Download: California-2017-AB2447-Amended.html
Amended
IN
Assembly
April 26, 2018 |
Amended
IN
Assembly
April 10, 2018 |
Amended
IN
Assembly
March 15, 2018 |
Assembly Bill | No. 2447 |
Introduced by Assembly Member Reyes |
February 14, 2018 |
LEGISLATIVE COUNSEL'S DIGEST
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 21092 of the Public Resources Code is amended to read:21092.
(a) A lead agency that is preparing an environmental impact report or a negative declaration or making a determination pursuant to subdivision (c) of Section 21157.1 shall provide public notice of that fact within a reasonable period of time prior to certification of the environmental impact report, adoption of the negative declaration, or making the determination pursuant to subdivision (c) of Section 21157.1.SEC. 2.
Chapter 2.8 (commencing with Section 21099.50) is added to Division 13 of the Public Resources Code, to read:CHAPTER 2.8. Special Requirements for Subject Land Uses
21099.50.
For purposes of this chapter, the following definitions apply:21099.51.
No later than June 30, 2019, the Office of Environmental Health Hazard Assessment shall do both of the following:(b)(1)Publish a list of land uses that contain or produce onsite and offsite criteria air pollutants or toxic air
contaminants, odors, water contamination, hazardous materials, or other environmental pollution or impacts that are associated with negative public health effects or adversely affect the quality of life or the use and enjoyment of housing in the vicinity of the land use.
(2)In determining the land use to be listed, the Office of Environmental Health Hazard Assessment shall not consider impacts of the land use on aesthetics, biological resources, agriculture and forestry resources, or mineral resources.
21099.52.
(a) In addition to any notices required pursuant to this division, within 30 days of the receipt of an application for a project and prior to making any determination regarding the level of environmental review for the project or the eligibility of the project for an exemption, an addendum to a certified environmental impact report or adopted negative declaration, a supplemental environmental impact report, or a subsequent environmental impact report, the lead agency shall do both of the following:21099.53.
(a) Notwithstanding Section 21080.4, 21104, or 21153, a lead agency shall call at least one scoping meeting for a project.(a)In addition to the requirements of Section 21081, a lead agency shall not certify an environmental impact report
or adopt a negative declaration unless the lead agency finds, in light of the whole record before the lead agency, that the approval or carrying out of the project does not constitute intentional discrimination, or result in a discriminatory effect, based on classes of persons protected pursuant to Section 12955 of the Government Code.
(b)This section applies to a project for which the environmental review commences on or after July 1, 2019.