California Senate Bill SB633 Amended / Bill

 BILL NUMBER: SB 633AMENDED BILL TEXT AMENDED IN ASSEMBLY AUGUST 6, 2013 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,   CEQA. These are  referred to as categorical exemptions. This bill would  specify that   , for purposes of  the new information  exception to the prohibition on requiring a subsequent or supplemental EIR, specify that the exception applies if 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   draft and   transmit to the secretary revisions to  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   if the Office of Planning and Research transmits the revisions to the secretary  , to certify and adopt the proposed revisions to the guidelines  by January 1, 2016  . 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   draft  and transmit to the Secretary of the Natural Resources Agency for certification and adoption  revisions to  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,   If the Office of Planning and Research transmits revisions pursuant to subdivision (a),  the Secretary of the Natural Resources Agency shall certify and adopt the proposed revisions  prepared pursuant to subdivision (a)  in accordance with Section 21083  on or before January 1, 2016 . (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.