California 2009-2010 Regular Session Status: Enacted

AB 231 — Environment: California Environmental Quality Act: overriding consideration.

Last action — Chaptered by Secretary of State - Chapter 432, Statutes of 2010.

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

This bill has been enacted into law. Introduced February 05, 2009. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 6 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

(1) 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 (EIR) 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. For projects whose environmental impacts can not be mitigated to less than significance, existing law authorizes a lead agency to find that specified overriding economic, legal, social, technological, or other benefits of the project outweigh the significant effects on the environment. If an EIR has been prepared and certified for a program, plan, policy, or ordinance, a lead agency is required to use a tiered EIR for a later project if the lead agency determines that the later project is consistent with the program, plan, policy, or ordinance, and satisfies other criteria. This bill would authorize a lead agency, until January 1, 2016, to incorporate by reference a finding of overriding consideration made in a prior EIR for a later project if specified conditions are met, including that the lead agency determines that the later project's significant impacts on the environment are not greater than or different from those identified in the prior EIR. (2) This bill would incorporate additional changes to Section 21094 of the Public Resources Code proposed by this bill and SB 1456, to be operative only if this bill and SB 1456 are both enacted and become effective on or before January 1, 2011, and this bill is enacted last. (3) This bill would declare that it is to take effect immediately as an urgency statute.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 432, Statutes of 2010.

  2. Approved by the Governor.

  3. Enrolled and to the Governor at 4:45 p.m.

  4. Urgency clause adopted. Senate amendments concurred in. To enrollment. (Ayes 57. Noes 10. Page 6942.)

  5. In Assembly. Concurrence in Senate amendments pending.

  6. Read third time. Urgency clause adopted. Passed and to Assembly. (Ayes 28. Noes 1. Page 4825.)

  7. Read second time. To third reading.

  8. Read third time, amended. To second reading.

  9. Read second time. To third reading.

  10. (Received August 13 pursuant to Joint Rule 61(b)(14).)

  11. From committee: Be placed on second reading file pursuant to Senate Rule 28.8.

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

  13. From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (August 2).

  14. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on EQ.

  15. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on EQ.

  16. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on EQ.

  17. Referred to Com. on EQ.

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

  19. Read third time, passed, and to Senate. (Ayes 45. Noes 31. Page 1982.)

  20. Read second time. To third reading.

  21. From committee: Do pass. (Ayes 11. Noes 5.) (May 28).

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

  23. Re-referred to Com. on APPR.

  24. Read second time and amended.

  25. From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 6. Noes 3.) (April 20).

  26. In committee: Hearing postponed by committee.

  27. Referred to Com. on NAT. RES.

  28. From printer. May be heard in committee March 8.

  29. Read first time. To print.

Sponsors

  • Huber · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on · 5 voted No

Sponsors (1)

  • Huber

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"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

AB 231 Huber Concurrence- Urgency Added

Passed 68 Yea · 10 Nay · 12 Other
Party YeaNayPresentNot Voting
Democratic 3000
Unaffiliated 6410010
Republican 1002
Total 6810012
% of votes cast 76%11%0%13%
How each member voted (90)
Member Party Vote
Bill — Yea
Tom — Yea
Adams — Yea
Anderson — Yea
Bass — Yea
Beall — Yea
Charles — Yea
Evans — Not Voting
Fuentes — Yea
Fuller — Yea
Galgiani — Yea
Garrick — Not Voting
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Gilmore — Yea
Fletcher — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Salas — Yea
John — Yea
A. — Yea
Perez — Yea
Carter — Not Voting
Portantino — Nay
Hagman — Yea
Hall — Yea
Hayashi — Nay
Fong — Not Voting
Chesbro — Yea
Conway — Yea
Cook — Yea
Coto — Yea
Davis — Yea
Hernandez — Yea
Huber — Yea
Huffman — Nay
Knight — Yea
Lieu — Yea
Mendoza — Yea
Miller — Yea
Monning — Yea
Nava — Nay
Norby — Yea
Ruskin — Nay
Silva — Yea
Smyth — Yea
Solorio — Yea
Torlakson — Yea
Torres — Yea
Tran — Yea
Villines — Yea
Saldana — Not Voting
Audra — Not Voting
Ammiano — Nay
Block — Yea
Blumenfield — Not Voting
Bradford — Yea
Brownley — Not Voting
Buchanan — Yea
Harkey — Yea
Hill — Yea
Jeffries — Yea
Logue — Yea
Ma — Yea
Nestande — Yea
Nielsen — Yea
Skinner — Nay
Swanson — Nay
Torrico — Yea
Eng — Not Voting
Feuer — Yea
DeVore — Yea
Yamada — Nay
Furutani — Not Voting
Gatto — Nay
Beth Gaines — Yea
Bill Berryhill — Yea
Bill Berryhill — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Not Voting
Niello, Roger W. Republican Yea
Strickland, Tony Republican Not Voting

Official roll call →

Assembly 3rd Reading AB231 Huber Urgency Clause

Passed 29 Yea · 1 Nay · 10 Other
Party YeaNayPresentNot Voting
Unaffiliated 27109
Democratic 2000
Republican 0001
Total 291010
% of votes cast 73%3%0%25%
How each member voted (40)
Member Party Vote
Yee — Not Voting
Wyland — Yea
Cogdill — Yea
Corbett — Yea
Hancock — Not Voting
Lowenthal — Yea
Negrete — Yea
Runner — Yea
Harman — Not Voting
Hollingsworth — Yea
Ducheny — Yea
Leno — Not Voting
Ashburn — Yea
Blakeslee — Not Voting
Dutton — Yea
Liu — Yea
McLeod — Yea
Oropeza — Not Voting
Pavley — Not Voting
Romero — Yea
Simitian — Yea
Steinberg — Yea
Walters — Yea
Wiggins — Not Voting
Aanestad — Yea
Alquist — Yea
Huff — Yea
Kehoe — Yea
Price — Yea
Wolk — Yea
Wright — Not Voting
Cedillo — Yea
Emmerson — Yea
Correa — Yea
DeSaulnier — Yea
Denham — Nay
Florez — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Not Voting

Official roll call →

AB 231 HUFFMAN Assembly Third Reading

Passed 53 Yea · 33 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 513005
Democratic 1101
Republican 1200
Total 533306
% of votes cast 58%36%0%7%
How each member voted (92)
Member Party Vote
Evans — Yea
Fuentes — Yea
Hall — Yea
Carter — Yea
Hill — Yea
Huffman — Yea
Lieu — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Beall — Yea
Chesbro — Yea
Mendoza — Yea
Monning — Yea
Nava — Yea
Salas — Yea
Saldana — Yea
Tom — Nay
Yamada — Yea
Fletcher — Nay
Audra — Nay
Bill — Not Voting
Galgiani — Nay
Charles — Not Voting
Conway — Nay
Cook — Nay
Garrick — Nay
Hagman — Nay
Hernandez — Not Voting
Huber — Nay
Knight — Nay
Logue — Nay
Miller — Nay
Adams — Nay
Anderson — Nay
Bass — Yea
Duvall — Nay
Price — Yea
Ruskin — Yea
Skinner — Yea
Smyth — Nay
Swanson — Yea
Torlakson — Yea
Torrico — Yea
Tran — Nay
Ammiano — Yea
Blakeslee — Nay
Block — Not Voting
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Nay
Hayashi — Yea
Jeffries — Nay
Krekorian — Yea
Ma — Yea
Nestande — Nay
Nielsen — Nay
Silva — Nay
Solorio — Yea
Torres — Yea
Villines — Nay
Emmerson — Nay
Coto — Yea
Eng — Yea
Feuer — Yea
Davis — Yea
DeVore — Nay
Fuller — Nay
Furutani — Yea
Gilmore — Nay
Beth Gaines — Nay
Bill Berryhill — Nay
Bill Berryhill — Not Voting
Arambula, Joaquin Democratic Nay
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Not Voting
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Nay
Strickland, Tony Republican Nay

Official roll call →

Do pass.

Passed 15 Yea · 6 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 14501
Democratic 1000
Republican 0100
Total 15601
% of votes cast 68%27%0%5%
How each member voted (22)
Member Party Vote
Hall — Yea
Charles — Yea
De — Yea
Leon — Yea
John — Yea
A. — Yea
Perez — Yea
Audra — Nay
Harkey — Nay
Duvall — Nay
Miller — Nay
Price — Yea
Skinner — Yea
Torlakson — Yea
Ammiano — Yea
Krekorian — Yea
Nielsen — Nay
Solorio — Not Voting
Davis — Yea
Fuentes — Yea
Calderon, Lisa Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

Subjects

environment
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Frequently asked questions

What does AB 231 do?
(1) 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 (EIR) 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. For projects whose environmental impacts can not be mitigated to less than significance, existing law authorizes a lead agency to find that specified overriding economic, legal, social, technological, or other benefits of the project outweigh the significant effects on the environment. If an EIR has been prepared and certified for a program, plan, policy, or ordinance, a lead agency is required to use a tiered EIR for a later project if the lead agency determines that the later project is consistent with the program, plan, policy, or ordinance, and satisfies other criteria. This bill would authorize a lead agency, until January 1, 2016, to incorporate by reference a finding of overriding consideration made in a prior EIR for a later project if specified conditions are met, including that the lead agency determines that the later project's significant impacts on the environment are not greater than or different from those identified in the prior EIR. (2) This bill would incorporate additional changes to Section 21094 of the Public Resources Code proposed by this bill and SB 1456, to be operative only if this bill and SB 1456 are both enacted and become effective on or before January 1, 2011, and this bill is enacted last. (3) This bill would declare that it is to take effect immediately as an urgency statute.
Who sponsors AB 231?
AB 231 is sponsored by Huber.
What is the current status of AB 231?
This bill has been enacted into law. Introduced February 05, 2009. Enacted.
Where can I track AB 231?
Track AB 231 free on One Click Politics — get push/email alerts when it moves.

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