SB 1404

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 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. CEQA requires a county to determine whether a project within its jurisdiction may result in a conversion of oak woodlands that will have a significant effect on the environment. CEQA requires the county to require certain oak woodlands mitigation alternatives if the county determines that there may be a significant effect to oak woodlands. CEQA exempts certain projects from this requirement. CEQA requires a lead agency that adopts, and a project that incorporates, one or more of the mitigation alternatives to be deemed to be in compliance with CEQA only as it applies to effects on oaks and oak woodlands. This bill would instead require a lead agency to determine whether a project within its jurisdiction may result in a conversion of oak woodlands, as defined, that will have a significant effect on the environment and to require certain oak woodlands mitigation alternatives, and would make conforming changes. The bill would provide that the removal of 3 or more oak trees within an oak woodland located within areas mapped by state or local agencies as areas critical to habitat linkage, natural resources protection, or otherwise related to biodiversity and conservation constitutes a significant effect on the environment. By imposing duties on local lead agencies, the bill would impose a state-mandated local program. This bill would delete the requirement that a lead agency that adopts, and a project that incorporates, one or more of the mitigation alternatives be deemed to be in compliance with CEQA only as it applies to effects on oaks and oak woodlands. The bill would provide that these provisions shall not be construed to prohibit a person from bringing an action to set aside a decision of a public agency, including actions that allege that the lead agency failed to adequately analyze and mitigate the impacts on oak woodlands of a project. 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.