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| 1 | + | Amended IN Senate May 09, 2023 Amended IN Senate May 02, 2023 Amended IN Senate March 21, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 508Introduced by Senator LairdFebruary 14, 2023An act to add Section 26051.6 to the Business and Professions Code, relating to cannabis.LEGISLATIVE COUNSEL'S DIGESTSB 508, as amended, Laird. Cannabis: licenses: California Environmental Quality Act.The Control, Regulate and Tax Adult Use of Marijuana Act (AUMA), an initiative measure, 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. 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.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.This bill would provide that the Department of Cannabis Control is not required to serve as a responsible agency under CEQA if the local jurisdiction acting as lead agency under CEQA has filed a notice of determination for the commercial cannabis activity activity, or a notice of exemption for a retail commercial cannabis project, with the Office of Planning and Research following the adoption of a mitigated negative declaration or certification of an environmental impact report by the local jurisdiction, as specified, and the commercial cannabis activity that the applicant is seeking a license from the department for conforms to the scope of the commercial cannabis activity analyzed by the local jurisdiction under CEQA.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. Notwithstanding any other law, in connection with the issuance of a license pursuant to this division, the department shall not be required to serve as a responsible agency under the California Environmental Quality Act (CEQA) (Division 13 (commencing with Section 21000) of the Public Resources Code) for projects if all of the following criteria are met:(a) A local jurisdiction, acting as lead agency under CEQA, has filed either of the following with the Office of Planning and Research upon a decision to carry out or approve a commercial cannabis activity for which the applicant is seeking a license from the department: (1) A notice of determination for the commercial cannabis activity, following the adoption of a mitigated negative declaration.(2) A notice of determination for the commercial cannabis activity, following certification of an environmental impact report.(3) A notice of exemption for a retail commercial cannabis project. (b) The commercial cannabis activity for which the applicant is seeking a license from the department conforms to the scope of the commercial cannabis activity analyzed by the local jurisdiction under CEQA in accordance with subdivision (a). | |
| 2 | 2 | ||
| 3 | - | ||
| 3 | + | Amended IN Senate May 09, 2023 Amended IN Senate May 02, 2023 Amended IN Senate March 21, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 508Introduced by Senator LairdFebruary 14, 2023An act to add Section 26051.6 to the Business and Professions Code, relating to cannabis.LEGISLATIVE COUNSEL'S DIGESTSB 508, as amended, Laird. Cannabis: licenses: California Environmental Quality Act.The Control, Regulate and Tax Adult Use of Marijuana Act (AUMA), an initiative measure, 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. 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.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.This bill would provide that the Department of Cannabis Control is not required to serve as a responsible agency under CEQA if the local jurisdiction acting as lead agency under CEQA has filed a notice of determination for the commercial cannabis activity activity, or a notice of exemption for a retail commercial cannabis project, with the Office of Planning and Research following the adoption of a mitigated negative declaration or certification of an environmental impact report by the local jurisdiction, as specified, and the commercial cannabis activity that the applicant is seeking a license from the department for conforms to the scope of the commercial cannabis activity analyzed by the local jurisdiction under CEQA.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO | |
| 4 | 4 | ||
| 5 | - | ||
| 5 | + | Amended IN Senate May 09, 2023 Amended IN Senate May 02, 2023 Amended IN Senate March 21, 2023 | |
| 6 | 6 | ||
| 7 | - | Amended IN Assembly August 14, 2023 | |
| 8 | 7 | Amended IN Senate May 09, 2023 | |
| 9 | 8 | Amended IN Senate May 02, 2023 | |
| 10 | 9 | Amended IN Senate March 21, 2023 | |
| 11 | 10 | ||
| 12 | 11 | CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION | |
| 13 | 12 | ||
| 14 | 13 | Senate Bill | |
| 15 | 14 | ||
| 16 | 15 | No. 508 | |
| 17 | 16 | ||
| 18 | - | Introduced by Senator | |
| 17 | + | Introduced by Senator LairdFebruary 14, 2023 | |
| 19 | 18 | ||
| 20 | - | Introduced by Senator Laird | |
| 19 | + | Introduced by Senator Laird | |
| 21 | 20 | February 14, 2023 | |
| 22 | 21 | ||
| 23 | 22 | An act to add Section 26051.6 to the Business and Professions Code, relating to cannabis. | |
| 24 | 23 | ||
| 25 | 24 | LEGISLATIVE COUNSEL'S DIGEST | |
| 26 | 25 | ||
| 27 | 26 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 28 | 27 | ||
| 29 | 28 | SB 508, as amended, Laird. Cannabis: licenses: California Environmental Quality Act. | |
| 30 | 29 | ||
| 31 | - | The Control, Regulate and Tax Adult Use of Marijuana Act (AUMA), an initiative measure, 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. 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.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.This bill would provide that the Department of Cannabis Control is not required to serve as a responsible agency under CEQA if the local jurisdiction acting as lead agency under CEQA has filed a notice of determination for the commercial cannabis activity, or a notice of exemption for a retail commercial cannabis project, with the Office of Planning and Research following the adoption of a mitigated negative declaration or certification of an environmental impact report by the local jurisdiction, as specified, and the commercial cannabis activity that | |
| 30 | + | The Control, Regulate and Tax Adult Use of Marijuana Act (AUMA), an initiative measure, 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. 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.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.This bill would provide that the Department of Cannabis Control is not required to serve as a responsible agency under CEQA if the local jurisdiction acting as lead agency under CEQA has filed a notice of determination for the commercial cannabis activity activity, or a notice of exemption for a retail commercial cannabis project, with the Office of Planning and Research following the adoption of a mitigated negative declaration or certification of an environmental impact report by the local jurisdiction, as specified, and the commercial cannabis activity that the applicant is seeking a license from the department for conforms to the scope of the commercial cannabis activity analyzed by the local jurisdiction under CEQA. | |
| 32 | 31 | ||
| 33 | 32 | The Control, Regulate and Tax Adult Use of Marijuana Act (AUMA), an initiative measure, 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. 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. | |
| 34 | 33 | ||
| 35 | 34 | 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. | |
| 36 | 35 | ||
| 37 | - | This bill would provide that the Department of Cannabis Control is not required to serve as a responsible agency under CEQA if the local jurisdiction acting as lead agency under CEQA has filed a notice of determination for the commercial cannabis activity, or a notice of exemption for a retail commercial cannabis project, with the Office of Planning and Research following the adoption of a mitigated negative declaration or certification of an environmental impact report by the local jurisdiction, as specified, and the commercial cannabis activity that | |
| 36 | + | This bill would provide that the Department of Cannabis Control is not required to serve as a responsible agency under CEQA if the local jurisdiction acting as lead agency under CEQA has filed a notice of determination for the commercial cannabis activity activity, or a notice of exemption for a retail commercial cannabis project, with the Office of Planning and Research following the adoption of a mitigated negative declaration or certification of an environmental impact report by the local jurisdiction, as specified, and the commercial cannabis activity that the applicant is seeking a license from the department for conforms to the scope of the commercial cannabis activity analyzed by the local jurisdiction under CEQA. | |
| 38 | 37 | ||
| 39 | 38 | ## Digest Key | |
| 40 | 39 | ||
| 41 | 40 | ## Bill Text | |
| 42 | 41 | ||
| 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. Notwithstanding any other law, in connection with the issuance of a license pursuant to this division, the department shall not be required to serve as a responsible agency under the California Environmental Quality Act (CEQA) (Division 13 (commencing with Section 21000) of the Public Resources Code) for projects | |
| 42 | + | 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. Notwithstanding any other law, in connection with the issuance of a license pursuant to this division, the department shall not be required to serve as a responsible agency under the California Environmental Quality Act (CEQA) (Division 13 (commencing with Section 21000) of the Public Resources Code) for projects if all of the following criteria are met:(a) A local jurisdiction, acting as lead agency under CEQA, has filed either of the following with the Office of Planning and Research upon a decision to carry out or approve a commercial cannabis activity for which the applicant is seeking a license from the department: (1) A notice of determination for the commercial cannabis activity, following the adoption of a mitigated negative declaration.(2) A notice of determination for the commercial cannabis activity, following certification of an environmental impact report.(3) A notice of exemption for a retail commercial cannabis project. (b) The commercial cannabis activity for which the applicant is seeking a license from the department conforms to the scope of the commercial cannabis activity analyzed by the local jurisdiction under CEQA in accordance with subdivision (a). | |
| 44 | 43 | ||
| 45 | 44 | The people of the State of California do enact as follows: | |
| 46 | 45 | ||
| 47 | 46 | ## The people of the State of California do enact as follows: | |
| 48 | 47 | ||
| 49 | - | SECTION 1. Section 26051.6 is added to the Business and Professions Code, to read:26051.6. Notwithstanding any other law, in connection with the issuance of a license pursuant to this division, the department shall not be required to serve as a responsible agency under the California Environmental Quality Act (CEQA) (Division 13 (commencing with Section 21000) of the Public Resources Code) for projects | |
| 48 | + | SECTION 1. Section 26051.6 is added to the Business and Professions Code, to read:26051.6. Notwithstanding any other law, in connection with the issuance of a license pursuant to this division, the department shall not be required to serve as a responsible agency under the California Environmental Quality Act (CEQA) (Division 13 (commencing with Section 21000) of the Public Resources Code) for projects if all of the following criteria are met:(a) A local jurisdiction, acting as lead agency under CEQA, has filed either of the following with the Office of Planning and Research upon a decision to carry out or approve a commercial cannabis activity for which the applicant is seeking a license from the department: (1) A notice of determination for the commercial cannabis activity, following the adoption of a mitigated negative declaration.(2) A notice of determination for the commercial cannabis activity, following certification of an environmental impact report.(3) A notice of exemption for a retail commercial cannabis project. (b) The commercial cannabis activity for which the applicant is seeking a license from the department conforms to the scope of the commercial cannabis activity analyzed by the local jurisdiction under CEQA in accordance with subdivision (a). | |
| 50 | 49 | ||
| 51 | 50 | SECTION 1. Section 26051.6 is added to the Business and Professions Code, to read: | |
| 52 | 51 | ||
| 53 | 52 | ### SECTION 1. | |
| 54 | 53 | ||
| 55 | - | 26051.6. Notwithstanding any other law, in connection with the issuance of a license pursuant to this division, the department shall not be required to serve as a responsible agency under the California Environmental Quality Act (CEQA) (Division 13 (commencing with Section 21000) of the Public Resources Code) for projects | |
| 54 | + | 26051.6. Notwithstanding any other law, in connection with the issuance of a license pursuant to this division, the department shall not be required to serve as a responsible agency under the California Environmental Quality Act (CEQA) (Division 13 (commencing with Section 21000) of the Public Resources Code) for projects if all of the following criteria are met:(a) A local jurisdiction, acting as lead agency under CEQA, has filed either of the following with the Office of Planning and Research upon a decision to carry out or approve a commercial cannabis activity for which the applicant is seeking a license from the department: (1) A notice of determination for the commercial cannabis activity, following the adoption of a mitigated negative declaration.(2) A notice of determination for the commercial cannabis activity, following certification of an environmental impact report.(3) A notice of exemption for a retail commercial cannabis project. (b) The commercial cannabis activity for which the applicant is seeking a license from the department conforms to the scope of the commercial cannabis activity analyzed by the local jurisdiction under CEQA in accordance with subdivision (a). | |
| 56 | 55 | ||
| 57 | - | 26051.6. Notwithstanding any other law, in connection with the issuance of a license pursuant to this division, the department shall not be required to serve as a responsible agency under the California Environmental Quality Act (CEQA) (Division 13 (commencing with Section 21000) of the Public Resources Code) for projects | |
| 56 | + | 26051.6. Notwithstanding any other law, in connection with the issuance of a license pursuant to this division, the department shall not be required to serve as a responsible agency under the California Environmental Quality Act (CEQA) (Division 13 (commencing with Section 21000) of the Public Resources Code) for projects if all of the following criteria are met:(a) A local jurisdiction, acting as lead agency under CEQA, has filed either of the following with the Office of Planning and Research upon a decision to carry out or approve a commercial cannabis activity for which the applicant is seeking a license from the department: (1) A notice of determination for the commercial cannabis activity, following the adoption of a mitigated negative declaration.(2) A notice of determination for the commercial cannabis activity, following certification of an environmental impact report.(3) A notice of exemption for a retail commercial cannabis project. (b) The commercial cannabis activity for which the applicant is seeking a license from the department conforms to the scope of the commercial cannabis activity analyzed by the local jurisdiction under CEQA in accordance with subdivision (a). | |
| 58 | 57 | ||
| 59 | - | 26051.6. Notwithstanding any other law, in connection with the issuance of a license pursuant to this division, the department shall not be required to serve as a responsible agency under the California Environmental Quality Act (CEQA) (Division 13 (commencing with Section 21000) of the Public Resources Code) for projects | |
| 58 | + | 26051.6. Notwithstanding any other law, in connection with the issuance of a license pursuant to this division, the department shall not be required to serve as a responsible agency under the California Environmental Quality Act (CEQA) (Division 13 (commencing with Section 21000) of the Public Resources Code) for projects if all of the following criteria are met:(a) A local jurisdiction, acting as lead agency under CEQA, has filed either of the following with the Office of Planning and Research upon a decision to carry out or approve a commercial cannabis activity for which the applicant is seeking a license from the department: (1) A notice of determination for the commercial cannabis activity, following the adoption of a mitigated negative declaration.(2) A notice of determination for the commercial cannabis activity, following certification of an environmental impact report.(3) A notice of exemption for a retail commercial cannabis project. (b) The commercial cannabis activity for which the applicant is seeking a license from the department conforms to the scope of the commercial cannabis activity analyzed by the local jurisdiction under CEQA in accordance with subdivision (a). | |
| 60 | 59 | ||
| 61 | 60 | ||
| 62 | 61 | ||
| 63 | - | 26051.6. Notwithstanding any other law, in connection with the issuance of a license pursuant to this division, the department shall not be required to serve as a responsible agency under the California Environmental Quality Act (CEQA) (Division 13 (commencing with Section 21000) of the Public Resources Code) for projects | |
| 62 | + | 26051.6. Notwithstanding any other law, in connection with the issuance of a license pursuant to this division, the department shall not be required to serve as a responsible agency under the California Environmental Quality Act (CEQA) (Division 13 (commencing with Section 21000) of the Public Resources Code) for projects if all of the following criteria are met: | |
| 64 | 63 | ||
| 65 | - | (a) A | |
| 64 | + | (a) A local jurisdiction, acting as lead agency under CEQA, has filed either of the following with the Office of Planning and Research upon a decision to carry out or approve a commercial cannabis activity for which the applicant is seeking a license from the department: | |
| 66 | 65 | ||
| 67 | 66 | (1) A notice of determination for the commercial cannabis activity, following the adoption of a mitigated negative declaration. | |
| 68 | 67 | ||
| 69 | 68 | (2) A notice of determination for the commercial cannabis activity, following certification of an environmental impact report. | |
| 70 | 69 | ||
| 71 | 70 | (3) A notice of exemption for a retail commercial cannabis project. | |
| 72 | 71 | ||
| 73 | - | (b) The commercial cannabis activity for which the applicant is seeking a license from the department conforms to the scope of | |
| 72 | + | (b) The commercial cannabis activity for which the applicant is seeking a license from the department conforms to the scope of the commercial cannabis activity analyzed by the local jurisdiction under CEQA in accordance with subdivision (a). |