Bill Text: CA SB412 | 2021-2022 | Regular Session | Amended
Bill Title: California Environmental Quality Act: emergency definition.
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: (Failed) 2022-02-01 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB412 Detail]
Download: California-2021-SB412-Amended.html
Amended
IN
Senate
April 12, 2021 |
Amended
IN
Senate
March 09, 2021 |
CALIFORNIA LEGISLATURE—
2021–2022 REGULAR SESSION
Senate Bill
No. 412
Introduced by Senator Ochoa Bogh (Coauthor: Senator Wilk) (Coauthors: Assembly Members Lackey and Mayes) |
February 12, 2021 |
An act to amend Section 21060.3 of the Public Resources Code, relating to environmental quality.
LEGISLATIVE COUNSEL'S DIGEST
SB 412, as amended, Ochoa Bogh.
California Environmental Quality Act: emergency definition.
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. Existing law provides an exemption to the requirements of CEQA for emergency repairs to public service facilities, projects related to a declared state of emergency, as provided, and specific actions necessary to prevent or mitigate an emergency, and defines “emergency” for this purpose.
This bill would expand the definition of “emergency” provided in CEQA to include proactive efforts
a project jointly identified by a state or local agency to prevent, minimize, or mitigate loss of, or and the Department of Forestry and Fire Protection or the State Board of Forestry and Fire Protection, with notice to the Department of Fish and Wildlife, as mitigating a high threat to life and safety by preventing, minimizing, or mitigating damage to, to life, health, property, natural resources, or essential public services, resulting from fire, flood, or earthquake or other soil or geologic movements,
a catastrophic fire in areas of the state that a lead agency determines, based on substantial evidence, are at a heightened risk of the occurrence of those events. that event. The bill would also specify that “emergency” includes, but is not limited to, man-made or natural occurrences, as specified, and would make other nonsubstantive changes. Because the bill would expand the definition of “emergency” in certain CEQA exemptions, thereby increasing duties on a lead agency to determine whether a project qualifies for those exemptions, the bill would impose a state-mandated local program.
The
California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 21060.3 of the Public Resources Code is amended to read:21060.3.
(a) “Emergency” means a sudden, unexpected occurrence, involving a clear and imminent danger, and demanding immediate action to prevent or mitigate loss of, or damage to, life, health, property, or essential public services. “Emergency” includes, but is not limited to, man-made or natural occurrences such as fire, flood, earthquake or other soil or geologic movements, riot, accident, or sabotage.(b) “Emergency” also means proactive efforts projects jointly identified by either a state or local agency to prevent, minimize, or mitigate loss of, or and either the Department of Forestry and Fire Protection or the State Board of Forestry and Fire Protection, with
notice to the Department of Fish and Wildlife, as mitigating a high threat to life and safety by preventing, minimizing, or mitigating damage to, to life, health, property, natural resources, or essential public services, resulting from fire, flood, or earthquake or other soil or geologic movements, a catastrophic fire in areas of the state that a lead agency determines, based on substantial evidence, are at a heightened risk of the occurrence of those events.
that event.