California 2013-2014 Regular Session Status: In Committee

SB 754 — California Environmental Quality Act.

Last action — Returned to Secretary of Senate pursuant to Joint Rule 56.

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

This bill died with 2013-2014 Regular Session. It reached “In Committee” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

(1) The California Environmental Quality Act, referred to as CEQA, requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report, referred to as an 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. 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. If a project is required to undertake mitigation measures pursuant to an EIR or a mitigated negative declaration, CEQA requires the lead agency to adopt a reporting or monitoring program for the project. This bill would authorize a person meeting specified requirements to bring an action or proceeding to enforce the implementation of the mitigation measures specified in a reporting and monitoring program adopted pursuant to CEQA if a project applicant fails to implement those measures. This bill would prohibit a project proponent or environmental consultant retained by the project proponent to contract for, direct, or prepare the initial study, EIR, draft EIR, negative declaration, or mitigated negative declaration. (2) Where a prior EIR has been certified for a project, CEQA authorizes the lead agency to rely on the prior EIR by authorizing the preparation of a tiered EIR for a later project if the lead agency makes a specified determination. If a prior EIR has been certified for a planning level decision, CEQA limits the environmental review of an infill project to those effects that are specific to the project that were not addressed in the prior EIR or, if substantial new information shows that the effects will be more significant, those effects that were considered in the prior EIR. This bill would prohibit the use of a prior EIR for the above-described purposes if the EIR was certified more than 7 years prior to the issuance of a notice of preparation of an EIR for the later project or infill project or the commencement of the environmental review of the later project or infill project, whichever is earlier. By prohibiting the use of those prior EIRs, this bill would increase the level of service provided by the lead agency, thereby imposing a state-mandated local program. (3) CEQA caps the amount a project applicant is required to pay for mitigation measures to avoid or mitigate the project's impact on archaeological resources to a specified amount. This bill would repeal the cap on that amount. (4) 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.

Bill Text

Action History

  1. Returned to Secretary of Senate pursuant to Joint Rule 56.

  2. Held in committee and under submission.

  3. Set for hearing May 23.

  4. Placed on APPR. suspense file.

  5. Set for hearing May 20.

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

  7. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 6. Noes 2. Page 790.) (May 1).

  8. Set for hearing May 1.

  9. Re-referred to Com. on E.Q.

  10. From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.

  11. Referred to Com. on RLS.

  12. Read first time.

  13. From printer. May be acted upon on or after March 26.

  14. Introduced. To Com. on RLS. for assignment. To print.

Sponsors

  • Evans · Primary

Sponsorship breakdown

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

Sponsors (1)

  • Evans

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.

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Votes

Subjects

environment
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Frequently asked questions

What does SB 754 do?
(1) The California Environmental Quality Act, referred to as CEQA, requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report, referred to as an 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. 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. If a project is required to undertake mitigation measures pursuant to an EIR or a mitigated negative declaration, CEQA requires the lead agency to adopt a reporting or monitoring program for the project. This bill would authorize a person meeting specified requirements to bring an action or proceeding to enforce the implementation of the mitigation measures specified in a reporting and monitoring program adopted pursuant to CEQA if a project applicant fails to implement those measures. This bill would prohibit a project proponent or environmental consultant retained by the project proponent to contract for, direct, or prepare the initial study, EIR, draft EIR, negative declaration, or mitigated negative declaration. (2) Where a prior EIR has been certified for a project, CEQA authorizes the lead agency to rely on the prior EIR by authorizing the preparation of a tiered EIR for a later project if the lead agency makes a specified determination. If a prior EIR has been certified for a planning level decision, CEQA limits the environmental review of an infill project to those effects that are specific to the project that were not addressed in the prior EIR or, if substantial new information shows that the effects will be more significant, those effects that were considered in the prior EIR. This bill would prohibit the use of a prior EIR for the above-described purposes if the EIR was certified more than 7 years prior to the issuance of a notice of preparation of an EIR for the later project or infill project or the commencement of the environmental review of the later project or infill project, whichever is earlier. By prohibiting the use of those prior EIRs, this bill would increase the level of service provided by the lead agency, thereby imposing a state-mandated local program. (3) CEQA caps the amount a project applicant is required to pay for mitigation measures to avoid or mitigate the project's impact on archaeological resources to a specified amount. This bill would repeal the cap on that amount. (4) 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.
Who sponsors SB 754?
SB 754 is sponsored by Evans.
What is the current status of SB 754?
This bill died with 2013-2014 Regular Session. It reached “In Committee” 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 SB 754?
Track SB 754 free on One Click Politics — get push/email alerts when it moves.

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