AB 621

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 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 establishes a procedure by which a person may seek judicial review of the decision of the lead agency made pursuant to CEQA. Under existing law, a lead agency's decision to adopt a negative declaration or mitigated negative declaration is reviewed by the courts under the fair argument standard while the lead agency's decision to certify an EIR is reviewed under the substantial evidence standard. This bill would authorize the Governor to certify a new hospital project or hospital expansion or modernization project as an environmental leadership hospital project if the project meets certain requirements. The bill would require the project applicant to certify compliance with certain labor standards in regards to the implementation of the project. The bill would require the lead agency to concurrently prepare the record of proceedings for a project certified by the Governor, as applicable. By requiring the concurrent preparation of the record of proceedings, this bill would impose a state-mandated local program. The bill would specify that the review of a lead agency's decision to adopt or certify an environmental review document, as defined, for a certified project is the substantial evidence standard. The bill would provide that, if the lead agency fails to adopt or certify an environmental review document on or before June 1, 2028, for a certified project, the provisions of the bill do not apply to that project. The provisions of the bill would be repealed by their own terms on January 1, 2029. 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.