Bill Text: CA AB2728 | 2009-2010 | Regular Session | Introduced

California Assembly Bill 2728 (Prior Session Legislation)

Introduced

Bill Title: Environment: CEQA: master environmental impact report.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2010-02-22 - Read first time. [AB2728 Detail]

Download: California-2009-AB2728-Introduced.html

BILL NUMBER: AB 2728	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Furutani

                        FEBRUARY 19, 2010

   An act to amend Section 21157.1 of the Public Resources Code,
relating to the environment.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2728, as introduced, Furutani. Environment: CEQA: master
environmental impact report.
   The California Environmental Quality Act (CEQA) authorizes the
preparation of a master environmental impact report (EIR) for certain
specified projects. Where a master EIR has been certified, CEQA
authorizes a limited review of subsequent projects that are within
the scope of the master EIR that meets specified requirements.
   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 21157.1 of the Public Resources Code is amended
to read:
   21157.1.  The preparation and certification of a master
environmental impact report, if prepared and certified consistent
with this division, may allow for the limited review of subsequent
projects that were described in the master environmental impact
report as being within the scope of the report, in accordance with
the following requirements:
   (a) The lead agency for a subsequent project shall be the lead
agency or  any   a  responsible agency
identified in the master environmental impact report.
   (b) The lead agency shall prepare an initial study on any proposed
subsequent project. This initial study shall analyze whether the
subsequent project may cause any significant effect on the
environment that was not examined in the master environmental impact
report and whether the subsequent project was described in the master
environmental impact report as being within the scope of the report.

   (c) If the lead agency, based on the initial study, determines
that a proposed subsequent project will have no additional
significant effect on the environment, as defined in subdivision (d)
of Section 21158, that was not identified in the master environmental
impact report and that no new or additional mitigation measures or
alternatives may be required, the lead agency shall make a written
finding based upon the information contained in the initial study
that the subsequent project is within the scope of the project
covered by the master environmental impact report.  No
  A  new environmental document  nor
  or  findings pursuant to Section 21081 shall 
not  be required by this division. Prior to approving or
carrying out the proposed subsequent project, the lead agency shall
provide notice of this fact pursuant to Section 21092 and incorporate
all feasible mitigation measures or feasible alternatives set forth
in the master environmental impact report  which 
 that  are appropriate to the project. Whenever a lead
agency approves or determines to carry out any subsequent project
pursuant to this section, it shall file a notice pursuant to Section
21108 or 21152.
   (d) Where a lead agency cannot make the findings required in
subdivision (c), the lead agency shall prepare, pursuant to Section
21157.7, either a mitigated negative declaration or environmental
impact report.