Bill Text: CA SB412 | 2021-2022 | 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: 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

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Amended  IN  Senate  March 09, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill

No. 412

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Introduced by Senator Ochoa Bogh

February 12, 2021

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An act to amend Section 33301 21060.3 of the Public Resources Code, relating to public resources. environmental quality.

LEGISLATIVE COUNSEL'S DIGEST

SB 412, as amended, Ochoa Bogh. Public resources: Sierra Nevada Conservancy. 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 by a state or local agency to prevent, minimize, or mitigate loss of, or damage to, life, health, property, natural resources, or essential public services, resulting from fire, flood, or earthquake or other soil or geologic movements, 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. 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.

The Laird-Leslie Sierra Nevada Conservancy Act declares that the Sierra Nevada Region is a globally significant area, including many national and state parks, the highest peaks in the 48 contiguous states, and large, pristine areas that are open for public use.

This bill would make a nonsubstantive change to this declaration.

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 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 such includes, but is not limited to, man-made or natural occurrences such as fire, flood, earthquake, or earthquake or other soil or geologic movements, as well as such occurrences as riot, accident, or sabotage.

(b) “Emergency” also means proactive efforts by a state or local agency to prevent, minimize, or mitigate loss of, or damage to, life, health, property, natural resources, or essential public services, resulting from fire, flood, or earthquake or other soil or geologic movements, 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.

SECTION 1.Section 33301 of the Public Resources Code is amended to read:

33301.

The Legislature finds and declares all of the following:

(a)The Sierra Nevada Region is a globally significant area that includes many national and state parks, the highest peaks in the 48 contiguous states, and large, pristine areas that are open for public use.

(b)The Sierra Nevada Region is an important part of the state’s economy, providing substantial agricultural products, timber resources, ranching, mining, tourism, and recreation.

(c)The Sierra Nevada Region provides 65 percent of California’s developed water supply and nearly all of the water supply for western Nevada. As California’s principal watershed, the region is the critical source of water for urban and rural parts of northern and southern California.

(d)In cooperation with local governments, private business, nonprofit organizations, and the public, a Sierra Nevada Conservancy can help do all of the following:

(1)Provide increased opportunities for tourism and recreation.

(2)Protect, conserve, and restore the region’s physical, cultural, archaeological, historical, and living resources.

(3)Aid in the preservation of working landscapes.

(4)Reduce the risk of natural disasters, such as wildfires.

(5)Protect and improve water and air quality.

(6)Assist the regional economy through the operation of the conservancy’s program.

(7)Identify the highest priority projects and initiatives for which funding is needed.

(8)Undertake efforts to enhance public use and enjoyment of lands owned by the public.

(9)Support efforts that advance both environmental preservation and the economic well-being of Sierra residents in a complementary manner.