CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill No. 198

Introduced by Senator Bates

January 31, 2019

An act to amend Section 21084.1 of the Public Resources Code, relating to environmental quality.


LEGISLATIVE COUNSEL'S DIGEST


SB 198, as introduced, Bates. California Environmental Quality Act: historical resources.
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 provides that a project may have a significant effect on the environment if the project may cause a substantial adverse change in the significance of a historical resource.
This bill would make nonsubstantive changes in the provision relating to historical resources.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 21084.1 of the Public Resources Code is amended to read:

21084.1.
 A project that may cause a substantial adverse change in the significance of an a historical resource is a project that may have a significant effect on the environment. For purposes of this section, an a historical resource is a resource listed in, or determined to be eligible for listing in, the California Register of Historical Resources. Historical resources included in a local register of historical resources, as defined in subdivision (k) of Section 5020.1, or deemed significant pursuant to criteria set forth in subdivision (g) of Section 5024.1, are presumed to be historically or culturally significant for purposes of this section, unless the preponderance of the evidence demonstrates that the resource is not historically or culturally significant. The fact that a resource is not listed in, or determined to be eligible for listing in, the California Register of Historical Resources, not included in a local register of historical resources, or not deemed significant pursuant to criteria set forth in subdivision (g) of Section 5024.1 shall does not preclude a lead agency from determining whether the resource may be an a historical resource for purposes of this section.