Bill Text: CA AB598 | 2011-2012 | Regular Session | Introduced

California Assembly Bill 598 (Prior Session Legislation)

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

Bill Title: Environmental quality: CEQA: standing.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2012-02-01 - Died pursuant to Art. IV, Sec. 10(c) of the Constitution. From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB598 Detail]

Download: California-2011-AB598-Introduced.html

BILL NUMBER: AB 598	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Grove

                        FEBRUARY 16, 2011

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


	LEGISLATIVE COUNSEL'S DIGEST


   AB 598, as introduced, Grove. Environmental quality: environmental
impact report.
   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
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.
   This bill would make technical, nonsubstantive changes 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 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.