California 2023-2024 Regular Session Status: Passed Assembly Bipartisan · 6 D · 2 R cosponsors

AB 3238 — California Environmental Quality Act: electrical infrastructure projects.

Last action — In committee: Held under submission.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Assembly
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2023-2024 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.

Summary

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. The 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. The CEQA exempts certain projects from its requirements, including actions necessary to prevent or mitigate an emergency. Existing law prohibits an electrical corporation from beginning the construction of a line, plant, or system, or extensions of those facilities without first having to obtain from the Public Utilities Commission a certificate that the present or future convenience and necessity require or will require the construction. Existing law specifies that the certificate is not required for the extension, expansion, upgrade, or other modification of existing electrical transmission facilities. This bill would, for electrical infrastructure projects, as defined, designate the commission as the lead agency for purposes of the CEQA, would require the commission to prescribe procedures for the preparation of the appropriate environmental review document for those projects, and would specify the manner in which the environmental review for those projects is to be conducted. The bill would repeal these provisions on January 1, 2035.

Bill Text

Action History

  1. In committee: Held under submission.

  2. In committee: Referred to APPR suspense file.

  3. Read second time and amended. Re-referred to Com. on APPR.

  4. From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (July 3).

  5. From committee: Do pass and re-refer to Com. on E.Q. (Ayes 13. Noes 0.) (June 24). Re-referred to Com. on E.Q.

  6. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on E., U. & C.

  7. Referred to Coms. on E., U. & C. and E.Q.

  8. In Senate. Read first time. To Com. on RLS. for assignment.

  9. Read third time. Passed. Ordered to the Senate. (Ayes 62. Noes 0. Page 5508.)

  10. Read second time. Ordered to third reading.

  11. Read second time and amended. Ordered returned to second reading.

  12. From committee: Amend, and do pass as amended. (Ayes 11. Noes 0.) (May 16).

  13. Assembly Rule 63 suspended.

  14. In committee: Set, first hearing. Referred to APPR. suspense file.

  15. Re-referred to Com. on APPR.

  16. Read second time and amended.

  17. From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 10. Noes 0.) (April 22).

  18. Re-referred to Com. on NAT. RES.

  19. Read second time and amended.

  20. From committee: Amend, and do pass as amended and re-refer to Com. on NAT. RES. (Ayes 13. Noes 0.) (April 16).

  21. (Pending re-refer to Com. on NAT. RES.)

  22. Assembly Rule 56 suspended. (Page 4775.)

  23. Re-referred to Com. on W., P., & W.

  24. Read second time and amended.

  25. From committee: Amend, and do pass as amended and re-refer to Com. on W., P., & W. (Ayes 13. Noes 1.) (April 3).

  26. Referred to Coms. on U. & E. and W., P., & W.

  27. Introduced measure version corrected.

  28. From printer. May be heard in committee March 18.

  29. Read first time. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 12 co-sponsors · 109 not signed on · 1 voted No

Sponsors (1)

Co-sponsors (12)

Not signed on (109)

109 members have not signed on to this bill.

Show all 109 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations]

Passed 6 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 4001
Republican 1000
Unaffiliated 1000
Total 6001
% of votes cast 86%0%0%14%
How each member voted (7)
Member Party Vote
Skinner — Yea
Allen, Benjamin Democratic Yea
Gonzalez, Lena A. Democratic Yea
Hurtado, Melissa Democratic Not Voting
Menjivar, Caroline Democratic Yea
Nguyen, Stephanie Democratic Yea
Dahle, Megan Republican Yea

Official roll call →

Do pass, but first be re-referred to the Committee on [Environmental Quality]

Passed 13 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Democratic 6002
Unaffiliated 5002
Republican 2001
Total 13005
% of votes cast 72%0%0%28%
How each member voted (18)
Member Party Vote
Wilk — Yea
Eggman — Yea
Bradford — Yea
Dodd — Yea
Newman — Yea
Skinner — Not Voting
Min — Not Voting
Ashby, Angelique V. Democratic Yea
Becker, Josh Democratic Yea
Caballero, Anna M. Democratic Yea
Durazo, Maria Elena Democratic Yea
Gonzalez, Lena A. Democratic Not Voting
Limón, Monique Democratic Not Voting
Rubio, Susan Democratic Yea
Stern, Henry I. Democratic Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Yea
Seyarto, Kelly Republican Not Voting

Official roll call →

AB 3238 Garcia Assembly Third Reading

Passed 62 Yea · 0 Nay · 18 Other
Party YeaNayPresentNot Voting
Democratic 370010
Republican 12001
Unaffiliated 13007
Total 620018
% of votes cast 78%0%0%23%
How each member voted (80)
Member Party Vote
Rodriguez — Yea
Villapudua — Yea
Ting — Yea
Jones-Sawyer — Yea
McCarty — Yea
Wood — Yea
Low — Yea
Waldron — Yea
Santiago — Yea
Maienschein — Not Voting
Essayli — Not Voting
Holden — Not Voting
Friedman — Not Voting
Rendon — Not Voting
Mathis — Not Voting
Eduardo Garcia — Yea
Jim Patterson — Yea
Luz Rivas — Not Voting
Vince Fong — Yea
Wendy Carrillo — Yea
Addis, Dawn Democratic Not Voting
Aguiar-Curry, Cecilia M. Democratic Yea
Alvarez, David Democratic Yea
Arambula, Joaquin Democratic Yea
Bains, Jasmeet Democratic Yea
Bauer-Kahan, Rebecca Democratic Not Voting
Bennett, Steve Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Not Voting
Bonta, Mia Democratic Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Not Voting
Carrillo, Juan Democratic Yea
Cervantes, Sabrina Democratic Not Voting
Connolly, Damon Democratic Not Voting
Fong, Mike Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Haney, Matt Democratic Yea
Hart, Gregg Democratic Not Voting
Irwin, Jacqui Democratic Yea
Jackson, Corey A. Democratic Yea
Kalra, Ash Democratic Yea
Lee, Alex Democratic Not Voting
Lowenthal, Josh Democratic Yea
McKinnor, Tina Democratic Yea
Muratsuchi, Al Democratic Yea
Nguyen, Stephanie Democratic Yea
Ortega, Liz Democratic Yea
Pacheco, Blanca Democratic Yea
Papan, Diane Democratic Yea
Pellerin, Gail Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Not Voting
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Schiavo, Pilar Democratic Yea
Soria, Esmeralda Democratic Yea
Valencia, Avelino Democratic Yea
Ward, Christopher M. Democratic Not Voting
Weber Pierson, M.D., Akilah Democratic Yea
Wicks, Buffy Democratic Yea
Wilson, Lori D. Democratic Yea
Zbur, Rick Chavez Democratic Yea
Alanis, Juan Republican Yea
Chen, Phillip Republican Yea
Dahle, Megan Republican Not Voting
Davies, Laurie Republican Yea
Dixon, Diane Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Hoover, Josh Republican Yea
Lackey, Tom Republican Yea
Patterson, Joe Republican Yea
Sanchez, Kate Republican Yea
Ta, Tri Republican Yea
Wallis, Greg Republican Yea

Official roll call →

Do pass as amended.

Passed 11 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Democratic 9000
Unaffiliated 2001
Republican 0003
Total 11004
% of votes cast 73%0%0%27%
How each member voted (15)
Member Party Vote
Villapudua — Yea
Jim Patterson — Not Voting
Wendy Carrillo — Yea
Arambula, Joaquin Democratic Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Grayson, Timothy S. Democratic Yea
Haney, Matt Democratic Yea
Hart, Gregg Democratic Yea
Pellerin, Gail Democratic Yea
Wicks, Buffy Democratic Yea
Dixon, Diane Republican Not Voting
Sanchez, Kate Republican Not Voting
Ta, Tri Republican Not Voting

Official roll call →

Do pass as amended and be re-referred to the Committee on [Appropriations]

Passed 10 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 5001
Republican 3000
Unaffiliated 2000
Total 10001
% of votes cast 91%0%0%9%
How each member voted (11)
Member Party Vote
Wood — Yea
Friedman — Yea
Bauer-Kahan, Rebecca Democratic Not Voting
Bryan, Isaac G. Democratic Yea
Kalra, Ash Democratic Yea
Muratsuchi, Al Democratic Yea
Pellerin, Gail Democratic Yea
Wicks, Buffy Democratic Yea
Flora, Heath Republican Yea
Hoover, Josh Republican Yea
Patterson, Joe Republican Yea

Official roll call →

Do pass as amended and be re-referred to the Committee on [Natural Resources]

Passed 13 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Republican 4000
Democratic 6002
Unaffiliated 3000
Total 13002
% of votes cast 87%0%0%13%
How each member voted (15)
Member Party Vote
Villapudua — Yea
Eduardo Garcia — Yea
Luz Rivas — Yea
Addis, Dawn Democratic Not Voting
Alvarez, David Democratic Yea
Bennett, Steve Democratic Yea
Bonta, Mia Democratic Yea
Hart, Gregg Democratic Not Voting
Papan, Diane Democratic Yea
Schiavo, Pilar Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Alanis, Juan Republican Yea
Davies, Laurie Republican Yea
Gallagher, James Republican Yea
Ta, Tri Republican Yea

Official roll call →

Do pass as amended and be re-referred to the Committee on [Water, Parks, and Wildlife]

Passed 13 Yea · 1 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 5001
Democratic 5101
Republican 3000
Total 13102
% of votes cast 81%6%0%13%
How each member voted (16)
Member Party Vote
Ting — Yea
Holden — Yea
Wood — Yea
Santiago — Yea
Friedman — Not Voting
Jim Patterson — Yea
Bauer-Kahan, Rebecca Democratic Nay
Calderon, Lisa Democratic Yea
Connolly, Damon Democratic Not Voting
Petrie-Norris, Cottie Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Schiavo, Pilar Democratic Yea
Zbur, Rick Chavez Democratic Yea
Chen, Phillip Republican Yea
Patterson, Joe Republican Yea
Wallis, Greg Republican Yea

Official roll call →

Subjects

environment energy
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Frequently asked questions

What does AB 3238 do?
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. The 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. The CEQA exempts certain projects from its requirements, including actions necessary to prevent or mitigate an emergency. Existing law prohibits an electrical corporation from beginning the construction of a line, plant, or system, or extensions of those facilities without first having to obtain from the Public Utilities Commission a certificate that the present or future convenience and necessity require or will require the construction. Existing law specifies that the certificate is not required for the extension, expansion, upgrade, or other modification of existing electrical transmission facilities. This bill would, for electrical infrastructure projects, as defined, designate the commission as the lead agency for purposes of the CEQA, would require the commission to prescribe procedures for the preparation of the appropriate environmental review document for those projects, and would specify the manner in which the environmental review for those projects is to be conducted. The bill would repeal these provisions on January 1, 2035.
Who sponsors AB 3238?
AB 3238 is sponsored by Eduardo Garcia, Alvarez, David (Democratic), Calderon, Lisa (Democratic), Carrillo, Juan (Democratic), Flora, Heath (Republican), Gipson, Mike A. (Democratic), Mathis, Jim Patterson, Rodriguez, Wallis, Greg (Republican), Weber Pierson, M.D., Akilah (Democratic), Wood, and Zbur, Rick Chavez (Democratic).
What is the current status of AB 3238?
This bill died with 2023-2024 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 3238?
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