AB-1981: California Environmental Quality Act: environmental impact report. Mayes

Session Year: 2015-2016

Share Video Add Bill to Favorites

Hearings for AB-1981

Bill Details

  • Text
  • Votes
  • History
  • Bill Analysis
  • Today's Law As Amended
  • Status
  • Comments to Author

Text

An act to amend Section 21082.2 of the Public Resources Code, relating to environmental quality.

LEGISLATIVE COUNSEL'S DIGEST

AB 1981, Assembly Member Mayes. California Environmental Quality Act: environmental impact report.

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 the lead agency to determine whether a project may have a significant effect on the environment based on substantial evidence in light of the whole record.

This bill would make nonsubstantive changes to that provision.

Vote Required: majority Appropriation: no Fiscal Committee: no Local Program: no

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

SECTION 1. Section 21082.2 of the Public Resources Code is amended to read:
21082.2.

(a)The lead agency shall determine whether a project may have a significant effect on the environment based on substantial evidence in light of the whole record.

(b)The existence of public controversy over the environmental effects of a project shall not require preparation of an environmental impact report if there is no substantial evidence in light of the whole record before the lead agency that the project may have a significant effect on the environment.

(c)Argument, speculation, unsubstantiated opinion or narrative, evidence that is clearly inaccurate or erroneous, or evidence of social or economic impacts which do not contribute to, or are not caused by, physical impacts on the environment, is not substantial evidence. Substantial evidence shall include facts, reasonable assumptions predicated upon facts, and expert opinion supported by facts.

(d)If there is substantial evidence, in light of the whole record before the lead agency, that a project may have a significant effect on the environment, the lead agency shall prepare or cause to be prepared an environmental impact report.

(e)Statements in an environmental impact report and comments with respect to an environmental impact report shall not be deemed determinative of whether the project may have a significant effect on the environment.

Bill Version

February 16, 2016 - INTRODUCED

Bill Activity

Introduced by

Assembly Member Mayes
February 16, 2016

Votes

History

Date Action
02/17/16 From printer. May be heard in committee March 18.
02/16/16 Read first time. To print.
02/16/16 Read first time. To print.

Bill Analysis

Today's Law as Amended

Status

Bill Status
Measure: AB-1981
Lead Authors: Mayes
Principal Coauthors: -
Coauthors: -
Topic: California Environmental Quality Act: environmental impact report.
31st Day in Print: 03/18/16
Title: An act to amend Section 21082.2 of the Public Resources Code, relating to environmental quality.
House Location: Assembly
Introduced Date: 02/16/16
Type of Measure
Active Bill - Pending Referral
Majority Vote Required
Non-Appropriation
Non-Fiscal Committee
Non-Local Program
Non-Urgency
Non-Tax Levy
Last 5 History Actions
Date Action
02/17/16 From printer. May be heard in committee March 18.
02/16/16 Read first time. To print.
02/16/16 Read first time. To print.

Comments to Author