SB 754

Bill Subjects

Abstract

(1) The California Environmental Quality Act, referred to as CEQA, requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report, referred to as an EIR, 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. If a project is required to undertake mitigation measures pursuant to an EIR or a mitigated negative declaration, CEQA requires the lead agency to adopt a reporting or monitoring program for the project. This bill would authorize a person meeting specified requirements to bring an action or proceeding to enforce the implementation of the mitigation measures specified in a reporting and monitoring program adopted pursuant to CEQA if a project applicant fails to implement those measures. This bill would prohibit a project proponent or environmental consultant retained by the project proponent to contract for, direct, or prepare the initial study, EIR, draft EIR, negative declaration, or mitigated negative declaration. (2) Where a prior EIR has been certified for a project, CEQA authorizes the lead agency to rely on the prior EIR by authorizing the preparation of a tiered EIR for a later project if the lead agency makes a specified determination. If a prior EIR has been certified for a planning level decision, CEQA limits the environmental review of an infill project to those effects that are specific to the project that were not addressed in the prior EIR or, if substantial new information shows that the effects will be more significant, those effects that were considered in the prior EIR. This bill would prohibit the use of a prior EIR for the above-described purposes if the EIR was certified more than 7 years prior to the issuance of a notice of preparation of an EIR for the later project or infill project or the commencement of the environmental review of the later project or infill project, whichever is earlier. By prohibiting the use of those prior EIRs, this bill would increase the level of service provided by the lead agency, thereby imposing a state-mandated local program. (3) CEQA caps the amount a project applicant is required to pay for mitigation measures to avoid or mitigate the project's impact on archaeological resources to a specified amount. This bill would repeal the cap on that amount. (4) 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.