Bill Text: CA SB995 | 2019-2020 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Environmental quality: Jobs and Economic Improvement Through Environmental Leadership Act of 2011: housing projects.

Spectrum: Partisan Bill (Democrat 12-0)

Status: (Engrossed) 2020-08-31 - In Senate. Concurrence in Assembly amendments pending. [SB995 Detail]

Download: California-2019-SB995-Introduced.html


CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill
No. 995


Introduced by Senator Atkins

February 12, 2020


An act to amend Sections 21181, 21189.1, and 21189.3 of the Public Resources Code, relating to environmental quality.


LEGISLATIVE COUNSEL'S DIGEST


SB 995, as introduced, Atkins. Environmental quality: Jobs and Economic Improvement Through Environmental Leadership Act of 2011.
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. 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.
The Jobs and Economic Improvement Through Environmental Leadership Act of 2011 authorizes the Governor, until January 1, 2020, to certify projects that meet certain requirements for streamlining benefits provided by that act related to compliance with CEQA and streamlining of judicial review of action taken by a public agency. The act provides that if a lead agency fails to approve a project certified by the Governor before January 1, 2021, the certification expires and is no longer valid. The act requires a lead agency to prepare the record of proceedings for the certified project concurrent with the preparation of the environmental documents. The act is repealed by its own terms on January 1, 2021.
This bill would extend the authority of the Governor to certify a project to January 1, 2024. The bill would provide that the certification expires and is no longer valid if the lead agency fails to approve a certified project before January 1, 2025. The bill would instead repeal the act on January 1, 2025. Because the bill would extend the obligation of the lead agency to prepare concurrently the record of proceedings, 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   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 21181 of the Public Resources Code is amended to read:

21181.
 This chapter does not apply to a project if the Governor does not certify the project as an environmental leadership development project eligible for streamlining pursuant to this chapter prior to before January 1, 2020. 2024.

SEC. 2.

 Section 21189.1 of the Public Resources Code is amended to read:

21189.1.
 If, prior to before January 1, 2021, 2025, a lead agency fails to approve a project certified by the Governor pursuant to this chapter, then the certification expires and is no longer valid.

SEC. 3.

 Section 21189.3 of the Public Resources Code is amended to read:

21189.3.
 This chapter shall remain in effect until January 1, 2021, 2025, and as of that date is repealed unless a later enacted statute extends or repeals that date.

SEC. 4.

 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.
feedback