California 2017-2018 Regular Session Status: Enacted

AB 246 — Environmental quality: Jobs and Economic Improvement Through Environmental Leadership Act of 2011.

Last action — Chaptered by Secretary of State - Chapter 522, Statutes of 2017.

  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 January 30, 2017. Enacted.

Prognosis

Likely to advance 72% · 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.

  • 2 sponsors

    1 primary, 1 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 9 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

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. 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 Jobs and Economic Improvement Through Environmental Leadership Act of 2011 authorizes the Governor, until January 1, 2018, to certify projects that meet certain requirements, including the requirement that the project is certified as LEED silver or better by the United States Green Building Council, achieves a 10% greater standard for transportation efficiency than for comparable projects, and creates high-wage, highly skilled jobs that pay prevailing wages and living wages, for streamlining benefits provided by that act. The act provides that if a lead agency fails to approve a project certified by the Governor before January 1, 2019, the certification expires and is no longer valid. The act requires a lead agency to prepare the record of proceedings for the certified project concurrent with the preparation of the environmental documents. The act is repealed by its own terms on January 1, 2019. This bill would increase the certification of the project to LEED gold or better and increase the transportation efficiency to a 15% greater standard. The bill would require the project applicant to demonstrate compliance with requirements for commercial and organic waste recycling, as applicable. The bill would extend the authority of the Governor to certify a project to January 1, 2020. The bill would provide that the certification expires and is no longer valid if the lead agency fails to approve a certified project before January 1, 2021. The bill would repeal the act on January 1, 2021. Because the bill would extend the obligation of the lead agency to prepare concurrently the record of proceedings, this bill would impose a state-mandated local program. The act requires the Judicial Council to adopt a rule of court to establish procedures for judicial review of a lead agency's certification of the EIR of a certified project or the approval of a project to ensure that the judicial review is completed within 270 days of the certification of the record of proceedings for the project. This bill would instead require the judicial review to be completed within 270 days of the filing of the certified record of proceedings with the court to the extent feasible. The bill would make other, nonsubstantive changes. 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. Chaptered by Secretary of State - Chapter 522, Statutes of 2017.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 4 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 70. Noes 6. Page 3536.).

  5. Assembly Rule 63 suspended. (Page 3535.)

  6. From committee: That the Senate amendments be concurred in. (Ayes 6. Noes 3.) (September 16).

  7. Joint Rule 62(a), file notice suspended. (Page 3533.)

  8. Re-referred to Com. on NAT. RES. pursuant to Assembly Rule 77.2.

  9. In Assembly. Concurrence in Senate amendments pending.

  10. Read third time. Passed. Ordered to the Assembly. (Ayes 36. Noes 0. Page 3001.).

  11. Ordered to third reading.

  12. Pursuant to Senate Rule 28.8

  13. From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (September 11). Re-referred to Com. on APPR.

  14. Joint Rules 61 and 62 suspended. (Ayes 27. Noes 12. Page 2582.)

  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. Re-referred to Com. on EQ.

  17. Read second time and amended. Re-referred to Com. on RLS.

  18. From committee: Amend, and do pass as amended and re-refer to Com. on RLS. (Ayes 5. Noes 2.) (September 1).

  19. In committee: Referred to APPR. suspense file.

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

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

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

  23. Referred to Com. on EQ.

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

  25. Read third time. Passed. Ordered to the Senate. (Ayes 48. Noes 21. Page 1946.)

  26. Read second time. Ordered to third reading.

  27. From committee: Do pass. (Ayes 12. Noes 5.) (May 26).

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

  29. Re-referred to Com. on APPR.

  30. Read second time and amended.

  31. From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (March 7).

  32. Referred to Com. on E.S. & T.M.

  33. From printer. May be heard in committee March 2.

  34. Read first time. To print.

Sponsors

  • Galgiani · Cosponsor
  • Santiago · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 1 co-sponsors · 120 not signed on · 9 voted No

Sponsors (1)

  • Santiago

Co-sponsors (1)

  • Galgiani

Not signed on (120)

120 members have not signed on to this bill.

Show all 120 →

"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

With recommendation: That Senate amendments be concurred in.

Passed 6 Yea · 3 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 4300
Democratic 1001
Republican 1000
Total 6301
% of votes cast 60%30%0%10%
How each member voted (10)
Member Party Vote
Acosta — Yea
Eggman — Nay
Chau — Yea
McCarty — Yea
Cristina Garcia — Nay
Mark Stone — Nay
Travis Allen — Yea
Limón, Monique Democratic Not Voting
Muratsuchi, Al Democratic Yea
Flora, Heath Republican Yea

Official roll call →

AB 246 SANTIAGO Concurrence in Senate Amendments

Passed 70 Yea · 6 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 50602
Democratic 14001
Republican 6000
Total 70603
% of votes cast 89%8%0%4%
How each member voted (79)
Member Party Vote
Acosta — Yea
Bigelow — Yea
Bloom — Yea
Brough — Nay
Harper — Yea
Jones-Sawyer — Yea
Maienschein — Yea
Mathis — Yea
O'Donnell — Yea
Quirk — Yea
Rodriguez — Yea
Thurmond — Yea
Ting — Yea
Voepel — Yea
Eggman — Nay
Dababneh — Yea
Daly — Yea
Friedman — Yea
Gloria — Yea
Low — Yea
Chiu — Yea
Chu — Yea
Cooper — Yea
Cunningham — Yea
Mullin — Yea
Obernolte — Yea
Ridley-Thomas — Yea
Waldron — Yea
Weber — Yea
Rubio — Yea
Salas — Yea
Bocanegra — Yea
Frazier — Yea
Burke — Yea
Fong — Yea
Chau — Yea
Gonzalez Fletcher — Yea
Holden — Not Voting
Kiley — Yea
Levine — Yea
Gray — Not Voting
Mayes — Yea
McCarty — Yea
Baker — Yea
Chávez — Nay
Cooley — Yea
Medina — Yea
Melendez — Nay
Nazarian — Yea
Rendon — Yea
Santiago — Yea
Steinorth — Yea
Wood — Yea
Cristina Garcia — Nay
Eduardo Garcia — Yea
Jim Patterson — Yea
Mark Stone — Nay
Travis Allen — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Berman, Marc Democratic Yea
Bonta, Mia Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Not Voting
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Yea
Dahle, Megan Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea

Official roll call →

3rd Reading AB246 Santiago et al. By Galgiani

Passed 36 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 32003
Democratic 4001
Total 36004
% of votes cast 90%0%0%10%
How each member voted (40)
Member Party Vote
Anderson — Yea
Bradford — Yea
Hueso — Yea
Skinner — Yea
Vidak — Yea
Galgiani — Yea
Glazer — Yea
Hertzberg — Yea
Hill — Yea
Allen — Yea
De León — Yea
Beall — Yea
Lara — Yea
Mendoza — Yea
Moorlach — Yea
Morrell — Yea
Nielsen — Yea
Pan — Yea
Roth — Yea
Wieckowski — Yea
Portantino — Yea
Atkins — Yea
Mitchell — Yea
Fuller — Yea
Hernandez — Yea
Leyva — Yea
Cannella — Yea
Bates — Yea
Dodd — Yea
Monning — Not Voting
Newman — Yea
Wilk — Yea
Beth Gaines — Not Voting
Bill Berryhill — Not Voting
Mark Stone — Yea
Jackson, Corey A. Democratic Not Voting
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Yea
Stern, Henry I. Democratic Yea
Wiener, Scott D. Democratic Yea

Official roll call →

Placed on suspense file

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6000
Democratic 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Bates — Yea
Beall — Yea
Hill — Yea
Bradford — Yea
Lara — Yea
Nielsen — Yea
Wiener, Scott D. Democratic Yea

Official roll call →

AB 246 SANTIAGO Assembly Third Reading

Passed 48 Yea · 21 Nay · 11 Other
Party YeaNayPresentNot Voting
Unaffiliated 341508
Democratic 13201
Republican 1402
Total 4821011
% of votes cast 60%26%0%14%
How each member voted (80)
Member Party Vote
Acosta — Not Voting
Bigelow — Nay
Bloom — Yea
Brough — Nay
Kiley — Nay
Levine — Yea
Mathis — Nay
Nazarian — Yea
Obernolte — Nay
Rendon — Yea
Rodriguez — Yea
Steinorth — Not Voting
Thurmond — Yea
Waldron — Nay
Wood — Yea
Eggman — Not Voting
Dababneh — Yea
Friedman — Yea
Gomez — Yea
Burke — Yea
Gloria — Yea
Rubio — Yea
Harper — Nay
Salas — Yea
Bocanegra — Yea
Holden — Yea
Gonzalez Fletcher — Yea
Jones-Sawyer — Yea
Low — Yea
Chau — Yea
Gray — Nay
Maienschein — Nay
Mayes — Nay
Baker — Nay
Chiu — Yea
Chu — Yea
Chávez — Nay
Cunningham — Nay
McCarty — Yea
Medina — Yea
Mullin — Yea
O'Donnell — Yea
Quirk — Yea
Ridley-Thomas — Yea
Santiago — Yea
Ting — Yea
Voepel — Nay
Weber — Yea
Frazier — Not Voting
Cooley — Nay
Cooper — Not Voting
Daly — Not Voting
Melendez — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Yea
Mark Stone — Yea
Travis Allen — Not Voting
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Berman, Marc Democratic Yea
Bonta, Mia Democratic Yea
Caballero, Anna M. Democratic Nay
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Fong, Mike Democratic Nay
Gipson, Mike A. Democratic Not Voting
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Chen, Phillip Republican Nay
Choi, Steven S. Republican Not Voting
Dahle, Megan Republican Not Voting
Flora, Heath Republican Nay
Gallagher, James Republican Nay
Lackey, Tom Republican Yea
Patterson, Joe Republican Nay

Official roll call →

Do pass.

Passed 12 Yea · 5 Nay
Party YeaNayPresentNot Voting
Democratic 4100
Unaffiliated 8300
Republican 0100
Total 12500
% of votes cast 71%29%0%0%
How each member voted (17)
Member Party Vote
Brough — Nay
Quirk — Yea
Friedman — Yea
Gray — Yea
Gonzalez Fletcher — Yea
Bocanegra — Yea
Bigelow — Nay
Bloom — Yea
McCarty — Yea
Obernolte — Nay
Eduardo Garcia — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Nay
Muratsuchi, Al Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Gallagher, James Republican Nay

Official roll call →

Subjects

environment labor
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Frequently asked questions

What does AB 246 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 (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. The Jobs and Economic Improvement Through Environmental Leadership Act of 2011 authorizes the Governor, until January 1, 2018, to certify projects that meet certain requirements, including the requirement that the project is certified as LEED silver or better by the United States Green Building Council, achieves a 10% greater standard for transportation efficiency than for comparable projects, and creates high-wage, highly skilled jobs that pay prevailing wages and living wages, for streamlining benefits provided by that act. The act provides that if a lead agency fails to approve a project certified by the Governor before January 1, 2019, the certification expires and is no longer valid. The act requires a lead agency to prepare the record of proceedings for the certified project concurrent with the preparation of the environmental documents. The act is repealed by its own terms on January 1, 2019. This bill would increase the certification of the project to LEED gold or better and increase the transportation efficiency to a 15% greater standard. The bill would require the project applicant to demonstrate compliance with requirements for commercial and organic waste recycling, as applicable. The bill would extend the authority of the Governor to certify a project to January 1, 2020. The bill would provide that the certification expires and is no longer valid if the lead agency fails to approve a certified project before January 1, 2021. The bill would repeal the act on January 1, 2021. Because the bill would extend the obligation of the lead agency to prepare concurrently the record of proceedings, this bill would impose a state-mandated local program. The act requires the Judicial Council to adopt a rule of court to establish procedures for judicial review of a lead agency's certification of the EIR of a certified project or the approval of a project to ensure that the judicial review is completed within 270 days of the certification of the record of proceedings for the project. This bill would instead require the judicial review to be completed within 270 days of the filing of the certified record of proceedings with the court to the extent feasible. The bill would make other, nonsubstantive changes. 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 AB 246?
AB 246 is sponsored by Galgiani and Santiago.
What is the current status of AB 246?
This bill has been enacted into law. Introduced January 30, 2017. Enacted.
Where can I track AB 246?
Track AB 246 free on One Click Politics — get push/email alerts when it moves.

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