CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Bill No. 426Introduced by Senator Alvarado-GilFebruary 18, 2025 An act to add Section 21080.37 to the Public Resources Code, relating to environmental quality. LEGISLATIVE COUNSEL'S DIGESTSB 426, as introduced, Alvarado-Gil. California Environmental Quality Act: defensible space.The California Environmental Quality Act 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. Existing law requires a person who owns, leases, controls, operates, or maintains specified structures within certain areas to maintain a defensible space around the structures meeting certain requirements.This bill would exempt from CEQA projects undertaken or approved by a public agency for purposes of maintaining defensible space to comply with the above requirements.Because a lead agency would be required to determine the applicability of the exemption, 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 21080.37 is added to the Public Resources Code, to read:21080.37. This division does not apply to a project undertaken or approved by a public agency for purposes of maintaining a defensible space as required by Section 51182 of the Government Code or Section 4291 of this code.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Bill No. 426Introduced by Senator Alvarado-GilFebruary 18, 2025 An act to add Section 21080.37 to the Public Resources Code, relating to environmental quality. LEGISLATIVE COUNSEL'S DIGESTSB 426, as introduced, Alvarado-Gil. California Environmental Quality Act: defensible space.The California Environmental Quality Act 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. Existing law requires a person who owns, leases, controls, operates, or maintains specified structures within certain areas to maintain a defensible space around the structures meeting certain requirements.This bill would exempt from CEQA projects undertaken or approved by a public agency for purposes of maintaining defensible space to comply with the above requirements.Because a lead agency would be required to determine the applicability of the exemption, 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
CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION
Senate Bill
No. 426
Introduced by Senator Alvarado-GilFebruary 18, 2025
Introduced by Senator Alvarado-Gil
February 18, 2025
An act to add Section 21080.37 to the Public Resources Code, relating to environmental quality.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 426, as introduced, Alvarado-Gil. California Environmental Quality Act: defensible space.
The California Environmental Quality Act 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. Existing law requires a person who owns, leases, controls, operates, or maintains specified structures within certain areas to maintain a defensible space around the structures meeting certain requirements.This bill would exempt from CEQA projects undertaken or approved by a public agency for purposes of maintaining defensible space to comply with the above requirements.Because a lead agency would be required to determine the applicability of the exemption, 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.
The California Environmental Quality Act 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.
Existing law requires a person who owns, leases, controls, operates, or maintains specified structures within certain areas to maintain a defensible space around the structures meeting certain requirements.
This bill would exempt from CEQA projects undertaken or approved by a public agency for purposes of maintaining defensible space to comply with the above requirements.
Because a lead agency would be required to determine the applicability of the exemption, 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
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 21080.37 is added to the Public Resources Code, to read:21080.37. This division does not apply to a project undertaken or approved by a public agency for purposes of maintaining a defensible space as required by Section 51182 of the Government Code or Section 4291 of this code.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 21080.37 is added to the Public Resources Code, to read:21080.37. This division does not apply to a project undertaken or approved by a public agency for purposes of maintaining a defensible space as required by Section 51182 of the Government Code or Section 4291 of this code.
SECTION 1. Section 21080.37 is added to the Public Resources Code, to read:
### SECTION 1.
21080.37. This division does not apply to a project undertaken or approved by a public agency for purposes of maintaining a defensible space as required by Section 51182 of the Government Code or Section 4291 of this code.
21080.37. This division does not apply to a project undertaken or approved by a public agency for purposes of maintaining a defensible space as required by Section 51182 of the Government Code or Section 4291 of this code.
21080.37. This division does not apply to a project undertaken or approved by a public agency for purposes of maintaining a defensible space as required by Section 51182 of the Government Code or Section 4291 of this code.
21080.37. This division does not apply to a project undertaken or approved by a public agency for purposes of maintaining a defensible space as required by Section 51182 of the Government Code or Section 4291 of this code.
SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
### SEC. 2.