SB 1278

Bill Subjects

Abstract

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 (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. This bill would require every public agency with discretionary approval of any portion of a project relating to the shipment of coal through the Port of Oakland to prepare or cause to be prepared an EIR. Because the bill would create new duties for a public agency, which includes a local agency, this bill would impose a state-mandated local program. This bill would make legislative findings and declarations as to the necessity of a special statute for the City of Oakland. 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.