California 2019 2019-2020 Regular Session

California Assembly Bill AB430 Introduced / Bill

Filed 02/07/2019

                    CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 430Introduced by Assembly Member GallagherFebruary 07, 2019 An act to add Section 21080.36 to the Public Resources Code, relating to environmental quality. LEGISLATIVE COUNSEL'S DIGESTAB 430, as introduced, Gallagher. California Environmental Quality Act: exemption: housing development projects: County of Butte.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. This bill would exempt from CEQA projects for the development of new housing in the County of Butte. Because the lead agency would be required to determine the applicability of this exemption, this bill would impose a state-mandated local program.This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Butte.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.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares all of the following(a) The Camp Fire, which started on November 8, 2019, in the County of Butte, is the deadliest and most destructive wildfire in California.(b) The fire displaced over 50,000 people and the surrounding areas do not have sufficient capacity to absorb this population.(c) To provide timely housing relief for the area, it is necessary to streamline the building process within the County of Butte.SEC. 2. Section 21080.36 is added to the Public Resources Code, to read:21080.36. This division does not apply to a project for the development of new housing in the County of Butte.SEC. 3. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the findings and declarations set forth in Section 1 of this act.SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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.

 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 430Introduced by Assembly Member GallagherFebruary 07, 2019 An act to add Section 21080.36 to the Public Resources Code, relating to environmental quality. LEGISLATIVE COUNSEL'S DIGESTAB 430, as introduced, Gallagher. California Environmental Quality Act: exemption: housing development projects: County of Butte.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. This bill would exempt from CEQA projects for the development of new housing in the County of Butte. Because the lead agency would be required to determine the applicability of this exemption, this bill would impose a state-mandated local program.This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Butte.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.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: YES 





 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION

Assembly Bill No. 430

Introduced by Assembly Member GallagherFebruary 07, 2019

Introduced by Assembly Member Gallagher
February 07, 2019

 An act to add Section 21080.36 to the Public Resources Code, relating to environmental quality. 

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

AB 430, as introduced, Gallagher. California Environmental Quality Act: exemption: housing development projects: County of Butte.

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. This bill would exempt from CEQA projects for the development of new housing in the County of Butte. Because the lead agency would be required to determine the applicability of this exemption, this bill would impose a state-mandated local program.This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Butte.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.

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. 

This bill would exempt from CEQA projects for the development of new housing in the County of Butte. Because the lead agency would be required to determine the applicability of this exemption, this bill would impose a state-mandated local program.

This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Butte.

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.

## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares all of the following(a) The Camp Fire, which started on November 8, 2019, in the County of Butte, is the deadliest and most destructive wildfire in California.(b) The fire displaced over 50,000 people and the surrounding areas do not have sufficient capacity to absorb this population.(c) To provide timely housing relief for the area, it is necessary to streamline the building process within the County of Butte.SEC. 2. Section 21080.36 is added to the Public Resources Code, to read:21080.36. This division does not apply to a project for the development of new housing in the County of Butte.SEC. 3. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the findings and declarations set forth in Section 1 of this act.SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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.

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

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

SECTION 1. The Legislature finds and declares all of the following(a) The Camp Fire, which started on November 8, 2019, in the County of Butte, is the deadliest and most destructive wildfire in California.(b) The fire displaced over 50,000 people and the surrounding areas do not have sufficient capacity to absorb this population.(c) To provide timely housing relief for the area, it is necessary to streamline the building process within the County of Butte.

SECTION 1. The Legislature finds and declares all of the following(a) The Camp Fire, which started on November 8, 2019, in the County of Butte, is the deadliest and most destructive wildfire in California.(b) The fire displaced over 50,000 people and the surrounding areas do not have sufficient capacity to absorb this population.(c) To provide timely housing relief for the area, it is necessary to streamline the building process within the County of Butte.

SECTION 1. The Legislature finds and declares all of the following

### SECTION 1.

(a) The Camp Fire, which started on November 8, 2019, in the County of Butte, is the deadliest and most destructive wildfire in California.

(b) The fire displaced over 50,000 people and the surrounding areas do not have sufficient capacity to absorb this population.

(c) To provide timely housing relief for the area, it is necessary to streamline the building process within the County of Butte.

SEC. 2. Section 21080.36 is added to the Public Resources Code, to read:21080.36. This division does not apply to a project for the development of new housing in the County of Butte.

SEC. 2. Section 21080.36 is added to the Public Resources Code, to read:

### SEC. 2.

21080.36. This division does not apply to a project for the development of new housing in the County of Butte.

21080.36. This division does not apply to a project for the development of new housing in the County of Butte.

21080.36. This division does not apply to a project for the development of new housing in the County of Butte.



21080.36. This division does not apply to a project for the development of new housing in the County of Butte.

SEC. 3. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the findings and declarations set forth in Section 1 of this act.

SEC. 3. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the findings and declarations set forth in Section 1 of this act.

SEC. 3. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the findings and declarations set forth in Section 1 of this act.

### SEC. 3.

SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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.

SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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.

SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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.

### SEC. 4.