Bill Text: CA AB2782 | 2017-2018 | Regular Session | Amended

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

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Bill Title: California Environmental Quality Act.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2018-08-24 - Chaptered by Secretary of State - Chapter 193, Statutes of 2018. [AB2782 Detail]

Download: California-2017-AB2782-Amended.html

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Amended  IN  Assembly  April 02, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill

No. 2782

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Introduced by Assembly Member Friedman

February 16, 2018

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An act to amend Section 21159.20 of add Section 21082.4 to the Public Resources Code, relating to environmental quality.

LEGISLATIVE COUNSEL'S DIGEST

AB 2782, as amended, Friedman. California Environmental Quality Act.

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 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. 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. Existing law exempts from compliance under CEQA housing projects that satisfy specified criteria.

This bill would make a nonsubstantive change to definitions that apply in connection with the latter provision. authorize lead agencies, in describing and evaluating projects, to consider the positive economic, legal, social, technological, or other benefits of, and the negative impacts of denying, the project.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

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Bill Text

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

SECTION 1.

 Section 21082.4 is added to the Public Resources Code, to read:

21082.4.

 In describing and evaluating a project in an environmental review document prepared pursuant to this division, the lead agency may consider the positive economic, legal, social, technological, or other benefits, including regionwide or statewide environmental benefits, of a proposed project and the potential negative impacts of denying the project.

SECTION 1.Section 21159.20 of the Public Resources Code is amended to read:

21159.20.

For the purposes of this article, the following definitions apply:

(a)“Census-defined place” means a specific unincorporated land area within boundaries determined by the United States Census Bureau in the most recent decennial census.

(b)“Community-level environmental review” means either of the following:

(1)An environmental impact report certified on any of the following:

(A)A general plan.

(B)A revision or update to the general plan that includes at least the land use and circulation elements.

(C)An applicable community plan.

(D)An applicable specific plan.

(E)A housing element of the general plan, if the environmental impact report analyzed the environmental effects of the density of the proposed project.

(2)Pursuant to this division and the implementing guidelines adopted pursuant to this division that govern subsequent review following a program environmental impact report, or pursuant to Section 21157.1, 21157.5, or 21166, a negative declaration or mitigated negative declaration was adopted as a subsequent environmental review document, following and based upon an environmental impact report on any of the projects listed in subparagraphs (A), (C), or (D) of paragraph (1).

(c)“Low-income households” means households of persons and families of very low and low income, as defined in Sections 50093 and 50105 of the Health and Safety Code.

(d)“Low- and moderate-income households” means households of persons and families of low or moderate income, as defined in Section 50093 of the Health and Safety Code.