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| 1 | + | Amended IN Assembly January 24, 2022 Amended IN Assembly January 03, 2022 Amended IN Assembly April 20, 2021 Amended IN Assembly March 15, 2021 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 1001Introduced by Assembly Member Cristina Garcia(Coauthor: Assembly Member Reyes)February 18, 2021An act to add Sections 21081.8 and 21098.5 to the Public Resources Code, relating to the environment.LEGISLATIVE COUNSEL'S DIGESTAB 1001, as amended, Cristina Garcia. Environment: mitigation measures for air and water quality impacts: environmental justice.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 require authorize mitigation measures, identified in an environmental impact report or mitigated negative declaration to mitigate the adverse effects of a project on air or water quality of a disadvantaged community, to include measures for avoiding, minimizing, or compensating for the adverse effects on that community. The bill would require compensating measures, included as mitigation measures, to mitigate those effects directly in the affected disadvantaged community. The bill would require all public agencies, in implementing CEQA, to act consistently with give consideration to the principles of environmental justice, as provided, by ensuring the fair treatment and meaningful involvement of people of all races, cultures, incomes, and national origins. Because the bill would impose additional duties on the lead agency, 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.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. Section 21081.8 is added to the Public Resources Code, to read:21081.8. (a) For projects that have adverse effects on the air or water quality of a disadvantaged community as identified pursuant to Section 39711 of the Health and Safety Code, mitigation measures identified in an environmental impact report or mitigated negative declaration to mitigate those adverse effects shall may include measures for avoiding, minimizing, or compensating for the adverse effects on that community.(b) If the mitigation measures include compensating for adverse effects on the air or water quality of a disadvantaged community, the compensating measures shall mitigate those effects directly in the affected disadvantaged communities.SEC. 2. Section 21098.5 is added to the Public Resources Code, to read:21098.5. In implementing this division, all public agencies shall act consistently with give consideration to the principles of environmental justice, as set forth in subdivision (e) of Section 65040.12 of the Government Code, by ensuring the fair treatment and meaningful involvement of people of all races, cultures, incomes, and national origins.SEC. 3. 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. | |
| 2 | 2 | ||
| 3 | - | ||
| 3 | + | Amended IN Assembly January 24, 2022 Amended IN Assembly January 03, 2022 Amended IN Assembly April 20, 2021 Amended IN Assembly March 15, 2021 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 1001Introduced by Assembly Member Cristina Garcia(Coauthor: Assembly Member Reyes)February 18, 2021An act to add Sections 21081.8 and 21098.5 to the Public Resources Code, relating to the environment.LEGISLATIVE COUNSEL'S DIGESTAB 1001, as amended, Cristina Garcia. Environment: mitigation measures for air and water quality impacts: environmental justice.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 require authorize mitigation measures, identified in an environmental impact report or mitigated negative declaration to mitigate the adverse effects of a project on air or water quality of a disadvantaged community, to include measures for avoiding, minimizing, or compensating for the adverse effects on that community. The bill would require compensating measures, included as mitigation measures, to mitigate those effects directly in the affected disadvantaged community. The bill would require all public agencies, in implementing CEQA, to act consistently with give consideration to the principles of environmental justice, as provided, by ensuring the fair treatment and meaningful involvement of people of all races, cultures, incomes, and national origins. Because the bill would impose additional duties on the lead agency, 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES | |
| 4 | 4 | ||
| 5 | - | ||
| 5 | + | Amended IN Assembly January 24, 2022 Amended IN Assembly January 03, 2022 Amended IN Assembly April 20, 2021 Amended IN Assembly March 15, 2021 | |
| 6 | 6 | ||
| 7 | - | Amended IN Senate March 22, 2022 | |
| 8 | 7 | Amended IN Assembly January 24, 2022 | |
| 9 | 8 | Amended IN Assembly January 03, 2022 | |
| 10 | 9 | Amended IN Assembly April 20, 2021 | |
| 11 | 10 | Amended IN Assembly March 15, 2021 | |
| 12 | 11 | ||
| 13 | 12 | CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION | |
| 14 | 13 | ||
| 15 | 14 | Assembly Bill | |
| 16 | 15 | ||
| 17 | 16 | No. 1001 | |
| 18 | 17 | ||
| 19 | 18 | Introduced by Assembly Member Cristina Garcia(Coauthor: Assembly Member Reyes)February 18, 2021 | |
| 20 | 19 | ||
| 21 | 20 | Introduced by Assembly Member Cristina Garcia(Coauthor: Assembly Member Reyes) | |
| 22 | 21 | February 18, 2021 | |
| 23 | 22 | ||
| 24 | 23 | An act to add Sections 21081.8 and 21098.5 to the Public Resources Code, relating to the environment. | |
| 25 | 24 | ||
| 26 | 25 | LEGISLATIVE COUNSEL'S DIGEST | |
| 27 | 26 | ||
| 28 | 27 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 29 | 28 | ||
| 30 | 29 | AB 1001, as amended, Cristina Garcia. Environment: mitigation measures for air and water quality impacts: environmental justice. | |
| 31 | 30 | ||
| 32 | - | 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 authorize | |
| 31 | + | 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 require authorize mitigation measures, identified in an environmental impact report or mitigated negative declaration to mitigate the adverse effects of a project on air or water quality of a disadvantaged community, to include measures for avoiding, minimizing, or compensating for the adverse effects on that community. The bill would require compensating measures, included as mitigation measures, to mitigate those effects directly in the affected disadvantaged community. The bill would require all public agencies, in implementing CEQA, to act consistently with give consideration to the principles of environmental justice, as provided, by ensuring the fair treatment and meaningful involvement of people of all races, cultures, incomes, and national origins. Because the bill would impose additional duties on the lead agency, 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. | |
| 33 | 32 | ||
| 34 | 33 | 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. | |
| 35 | 34 | ||
| 36 | - | This bill would authorize | |
| 35 | + | This bill would require authorize mitigation measures, identified in an environmental impact report or mitigated negative declaration to mitigate the adverse effects of a project on air or water quality of a disadvantaged community, to include measures for avoiding, minimizing, or compensating for the adverse effects on that community. The bill would require compensating measures, included as mitigation measures, to mitigate those effects directly in the affected disadvantaged community. The bill would require all public agencies, in implementing CEQA, to act consistently with give consideration to the principles of environmental justice, as provided, by ensuring the fair treatment and meaningful involvement of people of all races, cultures, incomes, and national origins. Because the bill would impose additional duties on the lead agency, this bill would impose a state-mandated local program. | |
| 37 | 36 | ||
| 38 | 37 | 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. | |
| 39 | 38 | ||
| 40 | 39 | This bill would provide that no reimbursement is required by this act for a specified reason. | |
| 41 | 40 | ||
| 42 | 41 | ## Digest Key | |
| 43 | 42 | ||
| 44 | 43 | ## Bill Text | |
| 45 | 44 | ||
| 46 | - | The people of the State of California do enact as follows:SECTION 1. Section 21081.8 is added to the Public Resources Code, to read:21081.8. (a) For projects that have adverse effects on the air or water quality of a disadvantaged community as identified pursuant to Section 39711 of the Health and Safety Code, mitigation measures identified in an environmental impact report or mitigated negative declaration to mitigate those adverse effects may | |
| 45 | + | The people of the State of California do enact as follows:SECTION 1. Section 21081.8 is added to the Public Resources Code, to read:21081.8. (a) For projects that have adverse effects on the air or water quality of a disadvantaged community as identified pursuant to Section 39711 of the Health and Safety Code, mitigation measures identified in an environmental impact report or mitigated negative declaration to mitigate those adverse effects shall may include measures for avoiding, minimizing, or compensating for the adverse effects on that community.(b) If the mitigation measures include compensating for adverse effects on the air or water quality of a disadvantaged community, the compensating measures shall mitigate those effects directly in the affected disadvantaged communities.SEC. 2. Section 21098.5 is added to the Public Resources Code, to read:21098.5. In implementing this division, all public agencies shall act consistently with give consideration to the principles of environmental justice, as set forth in subdivision (e) of Section 65040.12 of the Government Code, by ensuring the fair treatment and meaningful involvement of people of all races, cultures, incomes, and national origins.SEC. 3. 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. | |
| 47 | 46 | ||
| 48 | 47 | The people of the State of California do enact as follows: | |
| 49 | 48 | ||
| 50 | 49 | ## The people of the State of California do enact as follows: | |
| 51 | 50 | ||
| 52 | - | SECTION 1. Section 21081.8 is added to the Public Resources Code, to read:21081.8. (a) For projects that have adverse effects on the air or water quality of a disadvantaged community as identified pursuant to Section 39711 of the Health and Safety Code, mitigation measures identified in an environmental impact report or mitigated negative declaration to mitigate those adverse effects may | |
| 51 | + | SECTION 1. Section 21081.8 is added to the Public Resources Code, to read:21081.8. (a) For projects that have adverse effects on the air or water quality of a disadvantaged community as identified pursuant to Section 39711 of the Health and Safety Code, mitigation measures identified in an environmental impact report or mitigated negative declaration to mitigate those adverse effects shall may include measures for avoiding, minimizing, or compensating for the adverse effects on that community.(b) If the mitigation measures include compensating for adverse effects on the air or water quality of a disadvantaged community, the compensating measures shall mitigate those effects directly in the affected disadvantaged communities. | |
| 53 | 52 | ||
| 54 | 53 | SECTION 1. Section 21081.8 is added to the Public Resources Code, to read: | |
| 55 | 54 | ||
| 56 | 55 | ### SECTION 1. | |
| 57 | 56 | ||
| 58 | - | 21081.8. (a) For projects that have adverse effects on the air or water quality of a disadvantaged community as identified pursuant to Section 39711 of the Health and Safety Code, mitigation measures identified in an environmental impact report or mitigated negative declaration to mitigate those adverse effects may | |
| 57 | + | 21081.8. (a) For projects that have adverse effects on the air or water quality of a disadvantaged community as identified pursuant to Section 39711 of the Health and Safety Code, mitigation measures identified in an environmental impact report or mitigated negative declaration to mitigate those adverse effects shall may include measures for avoiding, minimizing, or compensating for the adverse effects on that community.(b) If the mitigation measures include compensating for adverse effects on the air or water quality of a disadvantaged community, the compensating measures shall mitigate those effects directly in the affected disadvantaged communities. | |
| 59 | 58 | ||
| 60 | - | 21081.8. (a) For projects that have adverse effects on the air or water quality of a disadvantaged community as identified pursuant to Section 39711 of the Health and Safety Code, mitigation measures identified in an environmental impact report or mitigated negative declaration to mitigate those adverse effects may | |
| 59 | + | 21081.8. (a) For projects that have adverse effects on the air or water quality of a disadvantaged community as identified pursuant to Section 39711 of the Health and Safety Code, mitigation measures identified in an environmental impact report or mitigated negative declaration to mitigate those adverse effects shall may include measures for avoiding, minimizing, or compensating for the adverse effects on that community.(b) If the mitigation measures include compensating for adverse effects on the air or water quality of a disadvantaged community, the compensating measures shall mitigate those effects directly in the affected disadvantaged communities. | |
| 61 | 60 | ||
| 62 | - | 21081.8. (a) For projects that have adverse effects on the air or water quality of a disadvantaged community as identified pursuant to Section 39711 of the Health and Safety Code, mitigation measures identified in an environmental impact report or mitigated negative declaration to mitigate those adverse effects may | |
| 61 | + | 21081.8. (a) For projects that have adverse effects on the air or water quality of a disadvantaged community as identified pursuant to Section 39711 of the Health and Safety Code, mitigation measures identified in an environmental impact report or mitigated negative declaration to mitigate those adverse effects shall may include measures for avoiding, minimizing, or compensating for the adverse effects on that community.(b) If the mitigation measures include compensating for adverse effects on the air or water quality of a disadvantaged community, the compensating measures shall mitigate those effects directly in the affected disadvantaged communities. | |
| 63 | 62 | ||
| 64 | 63 | ||
| 65 | 64 | ||
| 66 | - | 21081.8. (a) For projects that have adverse effects on the air or water quality of a disadvantaged community as identified pursuant to Section 39711 of the Health and Safety Code, mitigation measures identified in an environmental impact report or mitigated negative declaration to mitigate those adverse effects may | |
| 65 | + | 21081.8. (a) For projects that have adverse effects on the air or water quality of a disadvantaged community as identified pursuant to Section 39711 of the Health and Safety Code, mitigation measures identified in an environmental impact report or mitigated negative declaration to mitigate those adverse effects shall may include measures for avoiding, minimizing, or compensating for the adverse effects on that community. | |
| 67 | 66 | ||
| 68 | - | (b) If the mitigation | |
| 67 | + | (b) If the mitigation measures include compensating for adverse effects on the air or water quality of a disadvantaged community, the compensating measures shall mitigate those effects directly in the affected disadvantaged communities. | |
| 69 | 68 | ||
| 70 | - | SEC. 2. Section 21098.5 is added to the Public Resources Code, to read:21098.5. In implementing this division, all public agencies shall give consideration to the principles of environmental justice, as set forth in subdivision (e) of Section 65040.12 of the Government Code, by ensuring the fair treatment and meaningful involvement of people of all races, cultures, incomes, and national origins. | |
| 69 | + | SEC. 2. Section 21098.5 is added to the Public Resources Code, to read:21098.5. In implementing this division, all public agencies shall act consistently with give consideration to the principles of environmental justice, as set forth in subdivision (e) of Section 65040.12 of the Government Code, by ensuring the fair treatment and meaningful involvement of people of all races, cultures, incomes, and national origins. | |
| 71 | 70 | ||
| 72 | 71 | SEC. 2. Section 21098.5 is added to the Public Resources Code, to read: | |
| 73 | 72 | ||
| 74 | 73 | ### SEC. 2. | |
| 75 | 74 | ||
| 76 | - | 21098.5. In implementing this division, all public agencies shall give consideration to the principles of environmental justice, as set forth in subdivision (e) of Section 65040.12 of the Government Code, by ensuring the fair treatment and meaningful involvement of people of all races, cultures, incomes, and national origins. | |
| 75 | + | 21098.5. In implementing this division, all public agencies shall act consistently with give consideration to the principles of environmental justice, as set forth in subdivision (e) of Section 65040.12 of the Government Code, by ensuring the fair treatment and meaningful involvement of people of all races, cultures, incomes, and national origins. | |
| 77 | 76 | ||
| 78 | - | 21098.5. In implementing this division, all public agencies shall give consideration to the principles of environmental justice, as set forth in subdivision (e) of Section 65040.12 of the Government Code, by ensuring the fair treatment and meaningful involvement of people of all races, cultures, incomes, and national origins. | |
| 77 | + | 21098.5. In implementing this division, all public agencies shall act consistently with give consideration to the principles of environmental justice, as set forth in subdivision (e) of Section 65040.12 of the Government Code, by ensuring the fair treatment and meaningful involvement of people of all races, cultures, incomes, and national origins. | |
| 79 | 78 | ||
| 80 | - | 21098.5. In implementing this division, all public agencies shall give consideration to the principles of environmental justice, as set forth in subdivision (e) of Section 65040.12 of the Government Code, by ensuring the fair treatment and meaningful involvement of people of all races, cultures, incomes, and national origins. | |
| 79 | + | 21098.5. In implementing this division, all public agencies shall act consistently with give consideration to the principles of environmental justice, as set forth in subdivision (e) of Section 65040.12 of the Government Code, by ensuring the fair treatment and meaningful involvement of people of all races, cultures, incomes, and national origins. | |
| 81 | 80 | ||
| 82 | 81 | ||
| 83 | 82 | ||
| 84 | - | 21098.5. In implementing this division, all public agencies shall give consideration to the principles of environmental justice, as set forth in subdivision (e) of Section 65040.12 of the Government Code, by ensuring the fair treatment and meaningful involvement of people of all races, cultures, incomes, and national origins. | |
| 83 | + | 21098.5. In implementing this division, all public agencies shall act consistently with give consideration to the principles of environmental justice, as set forth in subdivision (e) of Section 65040.12 of the Government Code, by ensuring the fair treatment and meaningful involvement of people of all races, cultures, incomes, and national origins. | |
| 85 | 84 | ||
| 86 | 85 | SEC. 3. 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. | |
| 87 | 86 | ||
| 88 | 87 | SEC. 3. 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. | |
| 89 | 88 | ||
| 90 | 89 | SEC. 3. 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. | |
| 91 | 90 | ||
| 92 | 91 | ### SEC. 3. |