| Old | New | Differences | |
|---|---|---|---|
| 1 | - | ||
| 1 | + | Amended IN Senate May 23, 2022 Amended IN Senate May 02, 2022 Amended IN Senate April 18, 2022 Amended IN Senate March 15, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 1148Introduced by Senator LairdFebruary 16, 2022An act to add Section 26051.6 to the Business and Professions Code, relating to cannabis.LEGISLATIVE COUNSEL'S DIGESTSB 1148, as amended, Laird. Cannabis: licenses: California Environmental Quality Act. Existing law, the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA), an initiative measure approved as Proposition 64 at the November 8, 2016, statewide general election, authorizes a person who obtains a state license under AUMA to engage in commercial adult-use cannabis activity pursuant to that license and applicable local ordinances. Existing law, the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), among other things, consolidates the licensure and regulation of commercial medicinal and adult-use cannabis activities, and requires the Department of Cannabis Control to administer its provisions. Under MAUCRSA, the Department of Cannabis Control has sole authority to license and regulate commercial cannabis activity, which MAUCRSA defines to include, among other activities, the sale of cannabis and cannabis products.AUMA requires the department to devise protocols to ensure compliance with state laws and regulations related to environmental impacts, including, but not limited to, the California Environmental Quality Act (CEQA). 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.This bill would provide that CEQA does not apply to the issuance of a state license to engage in commercial cannabis activity if the local jurisdiction has filed a notice of exemption or a notice of determination following the adoption of a negative declaration or certification of an environmental impact report pursuant to CEQA that is specific to the applicants commercial cannabis activity or license, as specified.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 26051.6 is added to the Business and Professions Code, to read:26051.6. (a) The California Environmental Quality Act (CEQA) (Division 13 (commencing with Section 21000) of the Public Resources Code) does not apply to the issuance by the department of a state license to engage in commercial cannabis activity if the local jurisdiction, as the lead agency, has filed with the Office of Planning and Research a notice of exemption or a notice of determination following the adoption of a negative declaration or certification of an environmental impact report pursuant to Division 13 (commencing with Section 21000) of the Public Resources Code that is specific to the applicants commercial cannabis activity or license. (b)A notice of determination filed pursuant to subdivision (a) shall be filed with the Office of Planning and Research.(b) In order to qualify for the exemption in subdivision (a), the activity or activities associated with the commercial cannabis license that the applicant is applying to exempt from CEQA shall conform with the scope of the commercial cannabis activity or activities analyzed and reviewed under CEQA by the local jurisdiction, as determined by the department. | |
| 2 | 2 | ||
| 3 | - | ||
| 3 | + | Amended IN Senate May 23, 2022 Amended IN Senate May 02, 2022 Amended IN Senate April 18, 2022 Amended IN Senate March 15, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 1148Introduced by Senator LairdFebruary 16, 2022An act to add Section 26051.6 to the Business and Professions Code, relating to cannabis.LEGISLATIVE COUNSEL'S DIGESTSB 1148, as amended, Laird. Cannabis: licenses: California Environmental Quality Act. Existing law, the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA), an initiative measure approved as Proposition 64 at the November 8, 2016, statewide general election, authorizes a person who obtains a state license under AUMA to engage in commercial adult-use cannabis activity pursuant to that license and applicable local ordinances. Existing law, the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), among other things, consolidates the licensure and regulation of commercial medicinal and adult-use cannabis activities, and requires the Department of Cannabis Control to administer its provisions. Under MAUCRSA, the Department of Cannabis Control has sole authority to license and regulate commercial cannabis activity, which MAUCRSA defines to include, among other activities, the sale of cannabis and cannabis products.AUMA requires the department to devise protocols to ensure compliance with state laws and regulations related to environmental impacts, including, but not limited to, the California Environmental Quality Act (CEQA). 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.This bill would provide that CEQA does not apply to the issuance of a state license to engage in commercial cannabis activity if the local jurisdiction has filed a notice of exemption or a notice of determination following the adoption of a negative declaration or certification of an environmental impact report pursuant to CEQA that is specific to the applicants commercial cannabis activity or license, as specified.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO | |
| 4 | 4 | ||
| 5 | - | ||
| 5 | + | Amended IN Senate May 23, 2022 Amended IN Senate May 02, 2022 Amended IN Senate April 18, 2022 Amended IN Senate March 15, 2022 | |
| 6 | 6 | ||
| 7 | - | Amended IN Assembly June 30, 2022 | |
| 8 | 7 | Amended IN Senate May 23, 2022 | |
| 9 | 8 | Amended IN Senate May 02, 2022 | |
| 10 | 9 | Amended IN Senate April 18, 2022 | |
| 11 | 10 | Amended IN Senate March 15, 2022 | |
| 12 | 11 | ||
| 13 | 12 | CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION | |
| 14 | 13 | ||
| 15 | 14 | Senate Bill | |
| 16 | 15 | ||
| 17 | 16 | No. 1148 | |
| 18 | 17 | ||
| 19 | 18 | Introduced by Senator LairdFebruary 16, 2022 | |
| 20 | 19 | ||
| 21 | 20 | Introduced by Senator Laird | |
| 22 | 21 | February 16, 2022 | |
| 23 | 22 | ||
| 24 | - | An act to add Section 26051 | |
| 23 | + | An act to add Section 26051.6 to the Business and Professions Code, relating to cannabis. | |
| 25 | 24 | ||
| 26 | 25 | LEGISLATIVE COUNSEL'S DIGEST | |
| 27 | 26 | ||
| 28 | 27 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 29 | 28 | ||
| 30 | 29 | SB 1148, as amended, Laird. Cannabis: licenses: California Environmental Quality Act. | |
| 31 | 30 | ||
| 32 | - | Existing law, the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA), an initiative measure approved as Proposition 64 at the November 8, 2016, statewide general election, authorizes a person who obtains a state license under AUMA to engage in commercial adult-use cannabis activity pursuant to that license and applicable local ordinances. Existing law, the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), among other things, consolidates the licensure and regulation of commercial medicinal and adult-use cannabis activities, and requires the Department of Cannabis Control to administer its provisions. Under MAUCRSA, the Department of Cannabis Control has sole authority to license and regulate commercial cannabis activity, which MAUCRSA defines to include, among other activities, the sale of cannabis and cannabis products.AUMA requires the department to devise protocols to ensure compliance with state laws and regulations related to environmental impacts, including, but not limited to, | |
| 31 | + | Existing law, the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA), an initiative measure approved as Proposition 64 at the November 8, 2016, statewide general election, authorizes a person who obtains a state license under AUMA to engage in commercial adult-use cannabis activity pursuant to that license and applicable local ordinances. Existing law, the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), among other things, consolidates the licensure and regulation of commercial medicinal and adult-use cannabis activities, and requires the Department of Cannabis Control to administer its provisions. Under MAUCRSA, the Department of Cannabis Control has sole authority to license and regulate commercial cannabis activity, which MAUCRSA defines to include, among other activities, the sale of cannabis and cannabis products.AUMA requires the department to devise protocols to ensure compliance with state laws and regulations related to environmental impacts, including, but not limited to, the California Environmental Quality Act (CEQA). 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.This bill would provide that CEQA does not apply to the issuance of a state license to engage in commercial cannabis activity if the local jurisdiction has filed a notice of exemption or a notice of determination following the adoption of a negative declaration or certification of an environmental impact report pursuant to CEQA that is specific to the applicants commercial cannabis activity or license, as specified. | |
| 33 | 32 | ||
| 34 | 33 | Existing law, the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA), an initiative measure approved as Proposition 64 at the November 8, 2016, statewide general election, authorizes a person who obtains a state license under AUMA to engage in commercial adult-use cannabis activity pursuant to that license and applicable local ordinances. Existing law, the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), among other things, consolidates the licensure and regulation of commercial medicinal and adult-use cannabis activities, and requires the Department of Cannabis Control to administer its provisions. Under MAUCRSA, the Department of Cannabis Control has sole authority to license and regulate commercial cannabis activity, which MAUCRSA defines to include, among other activities, the sale of cannabis and cannabis products. | |
| 35 | 34 | ||
| 36 | - | AUMA requires the department to devise protocols to ensure compliance with state laws and regulations related to environmental impacts, including, but not limited to, | |
| 35 | + | AUMA requires the department to devise protocols to ensure compliance with state laws and regulations related to environmental impacts, including, but not limited to, the California Environmental Quality Act (CEQA). 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. | |
| 37 | 36 | ||
| 38 | - | This bill would provide that CEQA does not apply to the issuance of a state license | |
| 37 | + | This bill would provide that CEQA does not apply to the issuance of a state license to engage in commercial cannabis activity if the local jurisdiction has filed a notice of exemption or a notice of determination following the adoption of a negative declaration or certification of an environmental impact report pursuant to CEQA that is specific to the applicants commercial cannabis activity or license, as specified. | |
| 39 | 38 | ||
| 40 | 39 | ## Digest Key | |
| 41 | 40 | ||
| 42 | 41 | ## Bill Text | |
| 43 | 42 | ||
| 44 | - | The people of the State of California do enact as follows:SECTION 1.Section 26051.6 is added to the Business and Professions Code, to read:26051 | |
| 43 | + | The people of the State of California do enact as follows:SECTION 1. Section 26051.6 is added to the Business and Professions Code, to read:26051.6. (a) The California Environmental Quality Act (CEQA) (Division 13 (commencing with Section 21000) of the Public Resources Code) does not apply to the issuance by the department of a state license to engage in commercial cannabis activity if the local jurisdiction, as the lead agency, has filed with the Office of Planning and Research a notice of exemption or a notice of determination following the adoption of a negative declaration or certification of an environmental impact report pursuant to Division 13 (commencing with Section 21000) of the Public Resources Code that is specific to the applicants commercial cannabis activity or license. (b)A notice of determination filed pursuant to subdivision (a) shall be filed with the Office of Planning and Research.(b) In order to qualify for the exemption in subdivision (a), the activity or activities associated with the commercial cannabis license that the applicant is applying to exempt from CEQA shall conform with the scope of the commercial cannabis activity or activities analyzed and reviewed under CEQA by the local jurisdiction, as determined by the department. | |
| 45 | 44 | ||
| 46 | 45 | The people of the State of California do enact as follows: | |
| 47 | 46 | ||
| 48 | 47 | ## The people of the State of California do enact as follows: | |
| 49 | 48 | ||
| 49 | + | SECTION 1. Section 26051.6 is added to the Business and Professions Code, to read:26051.6. (a) The California Environmental Quality Act (CEQA) (Division 13 (commencing with Section 21000) of the Public Resources Code) does not apply to the issuance by the department of a state license to engage in commercial cannabis activity if the local jurisdiction, as the lead agency, has filed with the Office of Planning and Research a notice of exemption or a notice of determination following the adoption of a negative declaration or certification of an environmental impact report pursuant to Division 13 (commencing with Section 21000) of the Public Resources Code that is specific to the applicants commercial cannabis activity or license. (b)A notice of determination filed pursuant to subdivision (a) shall be filed with the Office of Planning and Research.(b) In order to qualify for the exemption in subdivision (a), the activity or activities associated with the commercial cannabis license that the applicant is applying to exempt from CEQA shall conform with the scope of the commercial cannabis activity or activities analyzed and reviewed under CEQA by the local jurisdiction, as determined by the department. | |
| 50 | + | ||
| 51 | + | SECTION 1. Section 26051.6 is added to the Business and Professions Code, to read: | |
| 52 | + | ||
| 53 | + | ### SECTION 1. | |
| 54 | + | ||
| 55 | + | 26051.6. (a) The California Environmental Quality Act (CEQA) (Division 13 (commencing with Section 21000) of the Public Resources Code) does not apply to the issuance by the department of a state license to engage in commercial cannabis activity if the local jurisdiction, as the lead agency, has filed with the Office of Planning and Research a notice of exemption or a notice of determination following the adoption of a negative declaration or certification of an environmental impact report pursuant to Division 13 (commencing with Section 21000) of the Public Resources Code that is specific to the applicants commercial cannabis activity or license. (b)A notice of determination filed pursuant to subdivision (a) shall be filed with the Office of Planning and Research.(b) In order to qualify for the exemption in subdivision (a), the activity or activities associated with the commercial cannabis license that the applicant is applying to exempt from CEQA shall conform with the scope of the commercial cannabis activity or activities analyzed and reviewed under CEQA by the local jurisdiction, as determined by the department. | |
| 56 | + | ||
| 57 | + | 26051.6. (a) The California Environmental Quality Act (CEQA) (Division 13 (commencing with Section 21000) of the Public Resources Code) does not apply to the issuance by the department of a state license to engage in commercial cannabis activity if the local jurisdiction, as the lead agency, has filed with the Office of Planning and Research a notice of exemption or a notice of determination following the adoption of a negative declaration or certification of an environmental impact report pursuant to Division 13 (commencing with Section 21000) of the Public Resources Code that is specific to the applicants commercial cannabis activity or license. (b)A notice of determination filed pursuant to subdivision (a) shall be filed with the Office of Planning and Research.(b) In order to qualify for the exemption in subdivision (a), the activity or activities associated with the commercial cannabis license that the applicant is applying to exempt from CEQA shall conform with the scope of the commercial cannabis activity or activities analyzed and reviewed under CEQA by the local jurisdiction, as determined by the department. | |
| 58 | + | ||
| 59 | + | 26051.6. (a) The California Environmental Quality Act (CEQA) (Division 13 (commencing with Section 21000) of the Public Resources Code) does not apply to the issuance by the department of a state license to engage in commercial cannabis activity if the local jurisdiction, as the lead agency, has filed with the Office of Planning and Research a notice of exemption or a notice of determination following the adoption of a negative declaration or certification of an environmental impact report pursuant to Division 13 (commencing with Section 21000) of the Public Resources Code that is specific to the applicants commercial cannabis activity or license. (b)A notice of determination filed pursuant to subdivision (a) shall be filed with the Office of Planning and Research.(b) In order to qualify for the exemption in subdivision (a), the activity or activities associated with the commercial cannabis license that the applicant is applying to exempt from CEQA shall conform with the scope of the commercial cannabis activity or activities analyzed and reviewed under CEQA by the local jurisdiction, as determined by the department. | |
| 50 | 60 | ||
| 51 | 61 | ||
| 52 | 62 | ||
| 63 | + | 26051.6. (a) The California Environmental Quality Act (CEQA) (Division 13 (commencing with Section 21000) of the Public Resources Code) does not apply to the issuance by the department of a state license to engage in commercial cannabis activity if the local jurisdiction, as the lead agency, has filed with the Office of Planning and Research a notice of exemption or a notice of determination following the adoption of a negative declaration or certification of an environmental impact report pursuant to Division 13 (commencing with Section 21000) of the Public Resources Code that is specific to the applicants commercial cannabis activity or license. | |
| 53 | 64 | ||
| 54 | - | (a)The | |
| 65 | + | (b)A notice of determination filed pursuant to subdivision (a) shall be filed with the Office of Planning and Research. | |
| 55 | 66 | ||
| 56 | 67 | ||
| 57 | 68 | ||
| 58 | - | SECTION 1. Section 26050.6 is added to the Business and Professions Code, to read:26050.6. (a) The California Environmental Quality Act (CEQA) (Division 13 (commencing with Section 21000) of the Public Resources Code) does not apply to the issuance issuance, pursuant to this chapter, by the department of a state license for a project to engage in commercial cannabis activity if the appropriate local jurisdiction, as the lead agency, has filed done either of the following:(1) Approved the project, either adopted a negative declaration or mitigated negative declaration for the project or certified an environmental impact report for the project, and filed with the Office of Planning and Research a notice of exemption or a notice of determination following the adoption of a negative declaration or certification of an environmental impact report pursuant to Division 13 (commencing with Section 21000) of the Public Resources Code that is specific to the applicants commercial cannabis activity or license. determination.(2) Approved the project following a determination that the project complies with a local ordinance governing commercial cannabis activity for which an environmental impact report has been certified and the project does not result in an impact that was not analyzed in that environmental impact report.(b) In order to qualify for the exemption in subdivision (a), the activity or activities associated with the commercial cannabis license that the applicant is applying to exempt from CEQA shall conform with the scope of the commercial cannabis activity or activities analyzed and reviewed under CEQA by the local jurisdiction, as determined by the department. local jurisdictions determination on the project or local ordinance, as applicable and as required under Section 21080.1 of the Public Resources Code, shall be final and the local jurisdictions determination shall not be the subject of pending judicial review. The department shall determine whether the project satisfies this subdivision. | |
| 59 | - | ||
| 60 | - | SECTION 1. Section 26050.6 is added to the Business and Professions Code, to read: | |
| 61 | - | ||
| 62 | - | ### SECTION 1. | |
| 63 | - | ||
| 64 | - | 26050.6. (a) The California Environmental Quality Act (CEQA) (Division 13 (commencing with Section 21000) of the Public Resources Code) does not apply to the issuance issuance, pursuant to this chapter, by the department of a state license for a project to engage in commercial cannabis activity if the appropriate local jurisdiction, as the lead agency, has filed done either of the following:(1) Approved the project, either adopted a negative declaration or mitigated negative declaration for the project or certified an environmental impact report for the project, and filed with the Office of Planning and Research a notice of exemption or a notice of determination following the adoption of a negative declaration or certification of an environmental impact report pursuant to Division 13 (commencing with Section 21000) of the Public Resources Code that is specific to the applicants commercial cannabis activity or license. determination.(2) Approved the project following a determination that the project complies with a local ordinance governing commercial cannabis activity for which an environmental impact report has been certified and the project does not result in an impact that was not analyzed in that environmental impact report.(b) In order to qualify for the exemption in subdivision (a), the activity or activities associated with the commercial cannabis license that the applicant is applying to exempt from CEQA shall conform with the scope of the commercial cannabis activity or activities analyzed and reviewed under CEQA by the local jurisdiction, as determined by the department. local jurisdictions determination on the project or local ordinance, as applicable and as required under Section 21080.1 of the Public Resources Code, shall be final and the local jurisdictions determination shall not be the subject of pending judicial review. The department shall determine whether the project satisfies this subdivision. | |
| 65 | - | ||
| 66 | - | 26050.6. (a) The California Environmental Quality Act (CEQA) (Division 13 (commencing with Section 21000) of the Public Resources Code) does not apply to the issuance issuance, pursuant to this chapter, by the department of a state license for a project to engage in commercial cannabis activity if the appropriate local jurisdiction, as the lead agency, has filed done either of the following:(1) Approved the project, either adopted a negative declaration or mitigated negative declaration for the project or certified an environmental impact report for the project, and filed with the Office of Planning and Research a notice of exemption or a notice of determination following the adoption of a negative declaration or certification of an environmental impact report pursuant to Division 13 (commencing with Section 21000) of the Public Resources Code that is specific to the applicants commercial cannabis activity or license. determination.(2) Approved the project following a determination that the project complies with a local ordinance governing commercial cannabis activity for which an environmental impact report has been certified and the project does not result in an impact that was not analyzed in that environmental impact report.(b) In order to qualify for the exemption in subdivision (a), the activity or activities associated with the commercial cannabis license that the applicant is applying to exempt from CEQA shall conform with the scope of the commercial cannabis activity or activities analyzed and reviewed under CEQA by the local jurisdiction, as determined by the department. local jurisdictions determination on the project or local ordinance, as applicable and as required under Section 21080.1 of the Public Resources Code, shall be final and the local jurisdictions determination shall not be the subject of pending judicial review. The department shall determine whether the project satisfies this subdivision. | |
| 67 | - | ||
| 68 | - | 26050.6. (a) The California Environmental Quality Act (CEQA) (Division 13 (commencing with Section 21000) of the Public Resources Code) does not apply to the issuance issuance, pursuant to this chapter, by the department of a state license for a project to engage in commercial cannabis activity if the appropriate local jurisdiction, as the lead agency, has filed done either of the following:(1) Approved the project, either adopted a negative declaration or mitigated negative declaration for the project or certified an environmental impact report for the project, and filed with the Office of Planning and Research a notice of exemption or a notice of determination following the adoption of a negative declaration or certification of an environmental impact report pursuant to Division 13 (commencing with Section 21000) of the Public Resources Code that is specific to the applicants commercial cannabis activity or license. determination.(2) Approved the project following a determination that the project complies with a local ordinance governing commercial cannabis activity for which an environmental impact report has been certified and the project does not result in an impact that was not analyzed in that environmental impact report.(b) In order to qualify for the exemption in subdivision (a), the activity or activities associated with the commercial cannabis license that the applicant is applying to exempt from CEQA shall conform with the scope of the commercial cannabis activity or activities analyzed and reviewed under CEQA by the local jurisdiction, as determined by the department. local jurisdictions determination on the project or local ordinance, as applicable and as required under Section 21080.1 of the Public Resources Code, shall be final and the local jurisdictions determination shall not be the subject of pending judicial review. The department shall determine whether the project satisfies this subdivision. | |
| 69 | - | ||
| 70 | - | ||
| 71 | - | ||
| 72 | - | 26050.6. (a) The California Environmental Quality Act (CEQA) (Division 13 (commencing with Section 21000) of the Public Resources Code) does not apply to the issuance issuance, pursuant to this chapter, by the department of a state license for a project to engage in commercial cannabis activity if the appropriate local jurisdiction, as the lead agency, has filed done either of the following: | |
| 73 | - | ||
| 74 | - | (1) Approved the project, either adopted a negative declaration or mitigated negative declaration for the project or certified an environmental impact report for the project, and filed with the Office of Planning and Research a notice of exemption or a notice of determination following the adoption of a negative declaration or certification of an environmental impact report pursuant to Division 13 (commencing with Section 21000) of the Public Resources Code that is specific to the applicants commercial cannabis activity or license. determination. | |
| 75 | - | ||
| 76 | - | (2) Approved the project following a determination that the project complies with a local ordinance governing commercial cannabis activity for which an environmental impact report has been certified and the project does not result in an impact that was not analyzed in that environmental impact report. | |
| 77 | - | ||
| 78 | - | (b) In order to qualify for the exemption in subdivision (a), the activity or activities associated with the commercial cannabis license that the applicant is applying to exempt from CEQA shall conform with the scope of the commercial cannabis activity or activities analyzed and reviewed under CEQA by the local jurisdiction, as determined by the department. local jurisdictions determination on the project or local ordinance, as applicable and as required under Section 21080.1 of the Public Resources Code, shall be final and the local jurisdictions determination shall not be the subject of pending judicial review. The department shall determine whether the project satisfies this subdivision. | |
| 69 | + | (b) In order to qualify for the exemption in subdivision (a), the activity or activities associated with the commercial cannabis license that the applicant is applying to exempt from CEQA shall conform with the scope of the commercial cannabis activity or activities analyzed and reviewed under CEQA by the local jurisdiction, as determined by the department. |