SB 412

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. Existing law provides an exemption to the requirements of CEQA for emergency repairs to public service facilities, projects related to a declared state of emergency, as provided, and specific actions necessary to prevent or mitigate an emergency, and defines "emergency" for this purpose. This bill would expand the definition of "emergency" provided in CEQA to include a project jointly identified by a state or local agency and the Department of Forestry and Fire Protection or the State Board of Forestry and Fire Protection, with notice to the Department of Fish and Wildlife, as mitigating a high threat to life and safety by preventing, minimizing, or mitigating damage to life, health, property, natural resources, or essential public services, resulting from a catastrophic fire in areas of the state that a lead agency determines, based on substantial evidence, are at a heightened risk of the occurrence of that event. The bill would also specify that "emergency" includes, but is not limited to, man-made or natural occurrences, as specified, and would make other nonsubstantive changes. Because the bill would expand the definition of "emergency" in certain CEQA exemptions, thereby increasing duties on a lead agency to determine whether a project qualifies for those exemptions, the 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.