Bill Text: CA SB632 | 2019-2020 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: California Environmental Quality Act: State Board of Forestry and Fire Protection: vegetation treatment program: final program environmental impact report.

Spectrum: Bipartisan Bill

Status: (Passed) 2019-10-02 - Chaptered by Secretary of State. Chapter 411, Statutes of 2019. [SB632 Detail]

Download: California-2019-SB632-Introduced.html

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CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill

No. 632

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Introduced by Senator Galgiani
(Principal coauthor: Senator Dodd)
(Coauthors: Senators Borgeas and Nielsen)
(Coauthor: Assembly Member Gallagher)

February 22, 2019

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An act to add and repeal Section 21080.48 of the Public Resources Code, relating to environmental quality.

LEGISLATIVE COUNSEL'S DIGEST

SB 632, as introduced, Galgiani. California Environmental Quality Act: exemption: Vegetation Treatment Program.

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.

This bill would, until a specified date, exempt from CEQA any activity or approval necessary for, or incidental to, actions that are consistent with the draft Program Environmental Impact Report for the Vegetation Treatment Program issued by the State Board of Forestry and Fire Protection in November of 2017.

Because a lead agency would be required to determine whether the above exemption is applicable to a project, this 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.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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Bill Text

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

SECTION 1.

 Section 21080.48 is added to the Public Resources Code, to read:

21080.48.

 (a) This division does not apply to any activity or approval necessary for, or incidental to, actions that are consistent with the draft Program Environmental Impact Report for the Vegetation Treatment Program issued by the State Board of Forestry and Fire Protection in November of 2017.

(b) This section is inoperative as of the earlier of the following dates:

(1) January 1, 2025. This section is repealed as of that date.

(2) (A) The date of the filing of a notice required by subdivision (a) of Section 21108 or the date on which any judicial action or proceeding challenging the certification of the program environmental impact report for the State Board of Forestry and Fire Protection’s Vegetation Treatment Program is finally adjudicated by the court, whichever is later.

(B) The section is repealed January 1 of the year following the later of the two dates specified in subparagraph (A).

(C) The State Board of Forestry and Fire Protection shall notify the Secretary of State of the date of the filing of the notice required by subdivision (a) of Section 21108 and, if applicable, any judicial action or proceeding filed pursuant to this division challenging the certification of the program environmental impact report and the date on which a final nonappealable judgment is issued by the court.

SEC. 2.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.