California 2009-2010 Regular Session

California Assembly Bill AB2728 Latest Draft

Bill / Introduced Version Filed 02/19/2010

 BILL NUMBER: AB 2728INTRODUCED BILL TEXT INTRODUCED BY Assembly Member Furutani FEBRUARY 19, 2010 An act to amend Section 21157.1 of the Public Resources Code, relating to the environment. LEGISLATIVE COUNSEL'S DIGEST AB 2728, as introduced, Furutani. Environment: CEQA: master environmental impact report. The California Environmental Quality Act (CEQA) authorizes the preparation of a master environmental impact report (EIR) for certain specified projects. Where a master EIR has been certified, CEQA authorizes a limited review of subsequent projects that are within the scope of the master EIR that meets specified requirements. This bill would make technical, nonsubstantive changes to that provision. Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 21157.1 of the Public Resources Code is amended to read: 21157.1. The preparation and certification of a master environmental impact report, if prepared and certified consistent with this division, may allow for the limited review of subsequent projects that were described in the master environmental impact report as being within the scope of the report, in accordance with the following requirements: (a) The lead agency for a subsequent project shall be the lead agency or  any   a  responsible agency identified in the master environmental impact report. (b) The lead agency shall prepare an initial study on any proposed subsequent project. This initial study shall analyze whether the subsequent project may cause any significant effect on the environment that was not examined in the master environmental impact report and whether the subsequent project was described in the master environmental impact report as being within the scope of the report. (c) If the lead agency, based on the initial study, determines that a proposed subsequent project will have no additional significant effect on the environment, as defined in subdivision (d) of Section 21158, that was not identified in the master environmental impact report and that no new or additional mitigation measures or alternatives may be required, the lead agency shall make a written finding based upon the information contained in the initial study that the subsequent project is within the scope of the project covered by the master environmental impact report.  No   A  new environmental document  nor   or  findings pursuant to Section 21081 shall  not  be required by this division. Prior to approving or carrying out the proposed subsequent project, the lead agency shall provide notice of this fact pursuant to Section 21092 and incorporate all feasible mitigation measures or feasible alternatives set forth in the master environmental impact report  which   that  are appropriate to the project. Whenever a lead agency approves or determines to carry out any subsequent project pursuant to this section, it shall file a notice pursuant to Section 21108 or 21152. (d) Where a lead agency cannot make the findings required in subdivision (c), the lead agency shall prepare, pursuant to Section 21157.7, either a mitigated negative declaration or environmental impact report.