Bill Text: CA SB508 | 2023-2024 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Cannabis: licenses: California Environmental Quality Act.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed) 2023-09-01 - September 1 hearing postponed by committee. [SB508 Detail]
Download: California-2023-SB508-Amended.html
Bill Title: Cannabis: licenses: California Environmental Quality Act.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed) 2023-09-01 - September 1 hearing postponed by committee. [SB508 Detail]
Download: California-2023-SB508-Amended.html
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Amended
IN
Senate
May 09, 2023 |
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Amended
IN
Senate
May 02, 2023 |
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Amended
IN
Senate
March 21, 2023 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Senate Bill
No. 508
| Introduced by Senator Laird |
February 14, 2023 |
An act to add Section 26051.6 to the Business and Professions Code, relating to cannabis.
LEGISLATIVE COUNSEL'S DIGEST
SB 508, as amended, Laird.
Cannabis: licenses: California Environmental Quality Act.
The Control, Regulate and Tax Adult Use of Marijuana Act (AUMA), an initiative measure, authorizes a person who obtains a state license under AUMA to engage in commercial adult-use cannabis activity pursuant to that license and applicable local ordinances. The Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), among other things, consolidates the licensure and regulation of commercial medicinal and adult-use cannabis activities, and requires the Department of Cannabis Control to administer its provisions.
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.
This bill would provide that the Department of Cannabis Control is not required to serve as a responsible agency under CEQA if the local jurisdiction acting as lead agency under CEQA has filed a notice of determination for the commercial cannabis activity activity, or a notice of exemption for a retail commercial cannabis project, with the Office of Planning and Research following the adoption of a mitigated negative declaration or certification of an environmental impact report by the local jurisdiction, as specified, and the commercial cannabis activity that the applicant is seeking a license from the department for conforms to the scope of the commercial cannabis activity analyzed by the local jurisdiction under
CEQA.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 26051.6 is added to the Business and Professions Code, to read:26051.6.
Notwithstanding any other law, in connection with the issuance of a license pursuant to this division, the department shall not be required to serve as a responsible agency under the California Environmental Quality Act (CEQA) (Division 13 (commencing with Section 21000) of the Public Resources Code) for projects if all of the following criteria are met:(a) A local jurisdiction, acting as lead agency under CEQA, has filed either of the following with the Office of Planning and Research upon a decision to carry out or approve a commercial cannabis activity for which the applicant is seeking a license from the department:
(1) A notice of determination for the commercial cannabis activity, following the adoption of a mitigated negative declaration.
(2) A notice of determination for the commercial cannabis activity, following certification of an environmental impact report.
(3) A notice of exemption for a retail commercial cannabis project.
(b) The commercial cannabis activity for which the applicant is seeking a license from the department conforms to the scope of the commercial cannabis activity analyzed by the local jurisdiction under CEQA in accordance with subdivision (a).
