California Senate Bill SB1195 Introduced / Bill

 BILL NUMBER: SB 1195INTRODUCED BILL TEXT INTRODUCED BY Senator Wyland FEBRUARY 18, 2010 An act to amend Section 21004 of the Public Resources Code, relating to the environment. LEGISLATIVE COUNSEL'S DIGEST SB 1195, as introduced, Wyland. Environment: CEQA. 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 (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. This bill would make technical, nonsubstantive changes to CEQA. 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 21004 of the Public Resources Code is amended to read: 21004. In mitigating or avoiding a significant effect of a project on the environment, a public agency may  only  exercise  only  those express or implied powers provided by law other than this division. However, a public agency may use discretionary powers provided by  such  other law for the purpose of mitigating or avoiding a significant effect on the environment subject to the express or implied constraints or limitations that may be provided by law.