Bill Text: CA SB633 | 2013-2014 | Regular Session | Amended

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

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Bill Title: State parks.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2014-09-26 - In Senate. Consideration of Governor's veto pending. [SB633 Detail]

Download: California-2013-SB633-Amended.html

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BILL NUMBER: SB 633	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 6, 2013
	AMENDED IN SENATE  APRIL 11, 2013
	AMENDED IN SENATE  APRIL 2, 2013

INTRODUCED BY   Senator Pavley

                        FEBRUARY 22, 2013

   An act to amend Section 21166 of, and to add Section 21084.2 to,
the Public Resources Code, relating to environmental quality.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 633, as amended, Pavley. CEQA.
   The California Environmental Quality Act, referred to as CEQA,
requires a lead agency, as defined, to prepare, or cause to be
prepared, and certify completion of, an environmental impact report,
referred to as an 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. CEQA prescribes certain requirements for
the review of draft EIRs, as specified. CEQA prohibits a lead agency
or responsible agency from requiring a subsequent or supplemental EIR
when an EIR has been prepared for a project pursuant to its
provisions, unless one or more of specified events occurs, including,
among other things, that new information, which was not known and
could not have been known at the time the EIR was certified as
complete, becomes available. CEQA requires the Office of Planning and
Research to prepare and develop, and the Secretary of the Natural
Resources Agency to certify and adopt, guidelines for the
implementation of CEQA. CEQA requires the office to review the
guidelines once every 2 years and recommend proposed changes or
amendments to the guidelines to the secretary. CEQA requires the
guidelines to include a list of classes of projects that have been
determined not to have a significant effect on the environment and to
exempt those classes of projects from CEQA, referred to as
categorical exemptions.
   This bill would specify that the new information that becomes
available was not known and could not have been known by the lead
agency or any responsible agency at the time the EIR was certified as
complete. The bill would authorize the office, by July 1, 2015, to
revise the guidelines to include as a categorical exemption projects
involving minor temporary uses of land and public gatherings that
have been determined not to have a significant effect on the
environment. The bill would require the secretary, by January 1,
2016, to certify and adopt the proposed revisions to the guidelines.
Because a lead agency would be required to determine whether a
project would fall within this categorical exemption, this 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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 21084.2 is added to the Public Resources Code,
to read:
   21084.2.  (a) On or before July 1, 2015, the Office of Planning
and Research may revise and transmit to the Secretary of the Natural
Resources Agency for certification and adoption the guidelines to
include a class of projects involving minor temporary uses of land
and public gatherings that have been determined not to have a
significant effect on the environment and that shall be exempt from
this division.
   (b) On or before January 1, 2016, the Secretary of the Natural
Resources Agency shall certify and adopt the proposed revisions
prepared pursuant to subdivision (a) in accordance with Section
21083.
   (c) This section shall not be construed to be a limitation on
requirements under this division and any other laws. 
   (d) This section does not affect a pending action or proceeding
challenging the issuance of a permit for the temporary uses of land
and public gathering based on an alleged violation of this division
that is filed before January 1, 2014. 
  SEC. 2.  Section 21166 of the Public Resources Code is amended to
read:
   21166.  When an environmental impact report has been prepared for
a project pursuant to this division, a subsequent or supplemental
environmental impact report shall not be required by the lead agency
or by any responsible agency, unless one or more of the following
events occurs:
   (a) Substantial changes are proposed in the project that will
require major revisions of the environmental impact report.
   (b) Substantial changes occur with respect to the circumstances
under which the project is being undertaken that will require major
revisions in the environmental impact report.
   (c) New information, which was not known and could not have been
known by the lead agency or any responsible agency at the time the
environmental impact report was certified as complete, becomes
available.
  SEC. 3.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because a
local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code.