Amended IN Senate April 10, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Senate Bill No. 632Introduced by Senator Galgiani(Principal coauthor: Senator Dodd)(Coauthors: Senators Borgeas and Nielsen)(Coauthor: Assembly Member Gallagher)February 22, 2019 An act to add and repeal Section 21080.48 of the Public Resources Code, relating to environmental quality. An act to add Section 21168.12 to the Public Resources Code, relating to environmental quality.LEGISLATIVE COUNSEL'S DIGESTSB 632, as amended, Galgiani. California Environmental Quality Act: exemption: Vegetation Treatment Program. injunction: vegetation treatment projects.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, until a specified date, exempt from CEQA any activity or approval necessary for, or incidental to, actions that are consistent with the draft Program Environmental Impact Report for the Vegetation Treatment Program issued by the State Board of Forestry and Fire Protection in November of 2017.Because a lead agency would be required to determine whether the above exemption is applicable to a project, 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.Existing law authorizes the court to grant relief in an action or proceeding brought challenging a project on the grounds of noncompliance with CEQA.This bill would, in granting relief in such action or proceeding, prohibit the court from enjoining or staying a project that is consistent with a vegetation treatment program for which a program environmental impact report has been certified by the State Board of Forestry and Fire Protection.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YESNO Local Program: YESNO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 21168.12 is added to the Public Resources Code, to read:21168.12. In granting relief in an action or proceeding brought pursuant to this division challenging a project that is consistent with a vegetation treatment program for which a program environmental impact report has been certified by the State Board of Forestry and Fire Protection, the court shall not enjoin or stay that project.SECTION 1.Section 21080.48 is added to the Public Resources Code, to read:21080.48.(a)This division does not apply to any activity or approval necessary for, or incidental to, actions that are consistent with the draft Program Environmental Impact Report for the Vegetation Treatment Program issued by the State Board of Forestry and Fire Protection in November of 2017.(b)This section is inoperative as of the earlier of the following dates:(1)January 1, 2025. This section is repealed as of that date.(2)(A)The date of the filing of a notice required by subdivision (a) of Section 21108 or the date on which any judicial action or proceeding challenging the certification of the program environmental impact report for the State Board of Forestry and Fire Protections Vegetation Treatment Program is finally adjudicated by the court, whichever is later.(B)The section is repealed January 1 of the year following the later of the two dates specified in subparagraph (A).(C)The State Board of Forestry and Fire Protection shall notify the Secretary of State of the date of the filing of the notice required by subdivision (a) of Section 21108 and, if applicable, any judicial action or proceeding filed pursuant to this division challenging the certification of the program environmental impact report and the date on which a final nonappealable judgment is issued by the court.SEC. 2.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.
Amended IN Senate April 10, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Senate Bill No. 632Introduced by Senator Galgiani(Principal coauthor: Senator Dodd)(Coauthors: Senators Borgeas and Nielsen)(Coauthor: Assembly Member Gallagher)February 22, 2019 An act to add and repeal Section 21080.48 of the Public Resources Code, relating to environmental quality. An act to add Section 21168.12 to the Public Resources Code, relating to environmental quality.LEGISLATIVE COUNSEL'S DIGESTSB 632, as amended, Galgiani. California Environmental Quality Act: exemption: Vegetation Treatment Program. injunction: vegetation treatment projects.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, until a specified date, exempt from CEQA any activity or approval necessary for, or incidental to, actions that are consistent with the draft Program Environmental Impact Report for the Vegetation Treatment Program issued by the State Board of Forestry and Fire Protection in November of 2017.Because a lead agency would be required to determine whether the above exemption is applicable to a project, 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.Existing law authorizes the court to grant relief in an action or proceeding brought challenging a project on the grounds of noncompliance with CEQA.This bill would, in granting relief in such action or proceeding, prohibit the court from enjoining or staying a project that is consistent with a vegetation treatment program for which a program environmental impact report has been certified by the State Board of Forestry and Fire Protection.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YESNO Local Program: YESNO
Amended IN Senate April 10, 2019
Amended IN Senate April 10, 2019
CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION
Senate Bill No. 632
Introduced by Senator Galgiani(Principal coauthor: Senator Dodd)(Coauthors: Senators Borgeas and Nielsen)(Coauthor: Assembly Member Gallagher)February 22, 2019
Introduced by Senator Galgiani(Principal coauthor: Senator Dodd)(Coauthors: Senators Borgeas and Nielsen)(Coauthor: Assembly Member Gallagher)
February 22, 2019
An act to add and repeal Section 21080.48 of the Public Resources Code, relating to environmental quality. An act to add Section 21168.12 to the Public Resources Code, relating to environmental quality.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 632, as amended, Galgiani. California Environmental Quality Act: exemption: Vegetation Treatment Program. injunction: vegetation treatment projects.
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, until a specified date, exempt from CEQA any activity or approval necessary for, or incidental to, actions that are consistent with the draft Program Environmental Impact Report for the Vegetation Treatment Program issued by the State Board of Forestry and Fire Protection in November of 2017.Because a lead agency would be required to determine whether the above exemption is applicable to a project, 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.Existing law authorizes the court to grant relief in an action or proceeding brought challenging a project on the grounds of noncompliance with CEQA.This bill would, in granting relief in such action or proceeding, prohibit the court from enjoining or staying a project that is consistent with a vegetation treatment program for which a program environmental impact report has been certified by the State Board of Forestry and Fire Protection.
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, until a specified date, exempt from CEQA any activity or approval necessary for, or incidental to, actions that are consistent with the draft Program Environmental Impact Report for the Vegetation Treatment Program issued by the State Board of Forestry and Fire Protection in November of 2017.
Because a lead agency would be required to determine whether the above exemption is applicable to a project, 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.
Existing law authorizes the court to grant relief in an action or proceeding brought challenging a project on the grounds of noncompliance with CEQA.
This bill would, in granting relief in such action or proceeding, prohibit the court from enjoining or staying a project that is consistent with a vegetation treatment program for which a program environmental impact report has been certified by the State Board of Forestry and Fire Protection.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 21168.12 is added to the Public Resources Code, to read:21168.12. In granting relief in an action or proceeding brought pursuant to this division challenging a project that is consistent with a vegetation treatment program for which a program environmental impact report has been certified by the State Board of Forestry and Fire Protection, the court shall not enjoin or stay that project.SECTION 1.Section 21080.48 is added to the Public Resources Code, to read:21080.48.(a)This division does not apply to any activity or approval necessary for, or incidental to, actions that are consistent with the draft Program Environmental Impact Report for the Vegetation Treatment Program issued by the State Board of Forestry and Fire Protection in November of 2017.(b)This section is inoperative as of the earlier of the following dates:(1)January 1, 2025. This section is repealed as of that date.(2)(A)The date of the filing of a notice required by subdivision (a) of Section 21108 or the date on which any judicial action or proceeding challenging the certification of the program environmental impact report for the State Board of Forestry and Fire Protections Vegetation Treatment Program is finally adjudicated by the court, whichever is later.(B)The section is repealed January 1 of the year following the later of the two dates specified in subparagraph (A).(C)The State Board of Forestry and Fire Protection shall notify the Secretary of State of the date of the filing of the notice required by subdivision (a) of Section 21108 and, if applicable, any judicial action or proceeding filed pursuant to this division challenging the certification of the program environmental impact report and the date on which a final nonappealable judgment is issued by the court.SEC. 2.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.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 21168.12 is added to the Public Resources Code, to read:21168.12. In granting relief in an action or proceeding brought pursuant to this division challenging a project that is consistent with a vegetation treatment program for which a program environmental impact report has been certified by the State Board of Forestry and Fire Protection, the court shall not enjoin or stay that project.
SECTION 1. Section 21168.12 is added to the Public Resources Code, to read:
### SECTION 1.
21168.12. In granting relief in an action or proceeding brought pursuant to this division challenging a project that is consistent with a vegetation treatment program for which a program environmental impact report has been certified by the State Board of Forestry and Fire Protection, the court shall not enjoin or stay that project.
21168.12. In granting relief in an action or proceeding brought pursuant to this division challenging a project that is consistent with a vegetation treatment program for which a program environmental impact report has been certified by the State Board of Forestry and Fire Protection, the court shall not enjoin or stay that project.
21168.12. In granting relief in an action or proceeding brought pursuant to this division challenging a project that is consistent with a vegetation treatment program for which a program environmental impact report has been certified by the State Board of Forestry and Fire Protection, the court shall not enjoin or stay that project.
21168.12. In granting relief in an action or proceeding brought pursuant to this division challenging a project that is consistent with a vegetation treatment program for which a program environmental impact report has been certified by the State Board of Forestry and Fire Protection, the court shall not enjoin or stay that project.
(a)This division does not apply to any activity or approval necessary for, or incidental to, actions that are consistent with the draft Program Environmental Impact Report for the Vegetation Treatment Program issued by the State Board of Forestry and Fire Protection in November of 2017.
(b)This section is inoperative as of the earlier of the following dates:
(1)January 1, 2025. This section is repealed as of that date.
(2)(A)The date of the filing of a notice required by subdivision (a) of Section 21108 or the date on which any judicial action or proceeding challenging the certification of the program environmental impact report for the State Board of Forestry and Fire Protections Vegetation Treatment Program is finally adjudicated by the court, whichever is later.
(B)The section is repealed January 1 of the year following the later of the two dates specified in subparagraph (A).
(C)The State Board of Forestry and Fire Protection shall notify the Secretary of State of the date of the filing of the notice required by subdivision (a) of Section 21108 and, if applicable, any judicial action or proceeding filed pursuant to this division challenging the certification of the program environmental impact report and the date on which a final nonappealable judgment is issued by the court.
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.