1 | | - | Amended IN Senate March 24, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Bill No. 676Introduced by Senators Limn and Blakespear(Principal coauthors: Senators Cervantes, Cortese, Richardson, and Stern)(Coauthors: Senators Archuleta, Caballero, Grayson, Prez, Reyes, and Umberg)February 21, 2025An act to amend Section 21069 of the Public Resources Code, relating to environmental quality. An act to add Section 21168.6.2 to the Public Resources Code, relating to environmental quality.LEGISLATIVE COUNSEL'S DIGESTSB 676, as amended, Limn. California Environmental Quality Act: responsible agency. California Environmental Quality Act: judicial streamlining: state of emergency: fire.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, for a project located in a geographic area that was damaged by fire for which the Governor declared a state of emergency on or after January 1, 2023, and the project is not otherwise exempt from CEQA, as specified, the lead agency to prepare the record of proceeding concurrently with the administrative process. The bill would also require an action or proceeding brought to attack, review, set aside, void, or annul the certification of an environmental impact report, or the adoption of a negative declaration or mitigation negative declaration, for the project to be resolved, to the extent feasible, within 270 calendar days of the filing of the certified record of proceedings. The bill would require the project to be consistent with the applicable zoning and land use ordinances. By requiring a lead agency to prepare the record of proceedings concurrently with the administrative process, this bill would impose a state-mandated local program.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 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 (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 the lead agency 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. CEQA defines responsible agency for purposes of the act to include a public agency, other than a lead agency, that has responsibility for, among other things, approving a project.This bill would expand the definition of responsible agency to include a public agency, other than the lead agency, that has responsibility for permitting a project. To the extent this bill would impose new duties on local agencies related to new responsible agency designations, 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 21168.6.2 is added to the Public Resources Code, to read:21168.6.2. (a) Subject to subdivisions (b) and (c), for a project that is located in a geographic area that was damaged by a fire for which the Governor declared a state of emergency pursuant to Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code and the project is not otherwise exempt from this division by paragraph (3) of subdivision (b) of Section 21080 or by a Governors executive order, both of the following shall apply:(1) The record of proceedings shall be prepared in accordance with the manner specified in subdivision (a) of Section 21167.6.2.(2) (A) An action or proceeding brought to attack, review, set aside, void, or annul the certification of an environmental impact report, or the adoption of a negative declaration or mitigated negative declaration, for the project or the granting of any project approval, including any potential appeals to the court of appeal or the Supreme Court, shall, to the extent feasible, be resolved within 270 calendar days of the filing of the certified record of proceedings with the court.(B) The Judicial Council shall adopt rules of court to implement subparagraph (A).(b) (1) Subdivision (a) only applies to a project that is consistent with the applicable zoning and land use ordinances.(2) Subdivision (a) does not apply to a project that is proposed after the Governor rescinds the declaration of the state of emergency for that geographic area.(c) This section applies to projects in a geographic area that was damaged by fire for which the Governor has declared a state of emergency on or after January 1, 2023.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.SECTION 1.Section 21069 of the Public Resources Code is amended to read:21069.Responsible agency means a public agency, other than the lead agency, that has responsibility for carrying out, permitting, or approving a project.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. |
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| 1 | + | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Bill No. 676Introduced by Senators Limn and Blakespear(Principal coauthors: Senators Cervantes, Cortese, Richardson, and Stern)(Coauthors: Senators Archuleta, Caballero, Grayson, Prez, Reyes, and Umberg)February 21, 2025 An act to amend Section 21069 of the Public Resources Code, relating to environmental quality. LEGISLATIVE COUNSEL'S DIGESTSB 676, as introduced, Limn. California Environmental Quality Act: responsible agency.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 the lead agency 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. CEQA defines responsible agency for purposes of the act to include a public agency, other than a lead agency, that has responsibility for, among other things, approving a project.This bill would expand the definition of responsible agency to include a public agency, other than the lead agency, that has responsibility for permitting a project. To the extent this bill would impose new duties on local agencies related to new responsible agency designations, 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 21069 of the Public Resources Code is amended to read:21069. Responsible agency means a public agency, other than the lead agency, which that has responsibility for carrying out out, permitting, or approving a project.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. |
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