California 2019-2020 Regular Session Status: Passed Senate 6 D cosponsors

SB 995 — Environmental quality: Jobs and Economic Improvement Through Environmental Leadership Act of 2011: housing projects.

Last action — In Senate. Concurrence in Assembly amendments pending.

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

This bill died with 2019-2020 Regular Session. It reached “Passed Senate” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

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. CEQA authorizes the preparation of a master EIR and authorizes the use of the master EIR to limit the environmental review of subsequent projects that are described in the master EIR, as specified. This bill would require a lead agency to prepare a master EIR for a general plan, plan amendment, plan element, or specified plan for housing projects where the state has provided funding for the preparation of the master EIR. The Jobs and Economic Improvement Through Environmental Leadership Act of 2011 (leadership act) authorizes the Governor, until January 1, 2020, to certify projects that meet certain requirements, including a requirement that the project applicant agrees to pay the costs of the court of appeal in hearing and deciding a case challenging a lead agency's action on a certified project and certain labor-related requirements, for streamlining benefits provided by the leadership act related to compliance with CEQA and streamlining of judicial review of action taken by a public agency to require a judicial action to be resolved within 270 days of the filing of the certified record of proceedings with the court. The leadership act provides that if a lead agency fails to approve a project certified by the Governor before January 1, 2021, the certification expires and is no longer valid. The leadership act requires a lead agency to prepare the record of proceedings for the certified project concurrent with the preparation of the EIR. The leadership act is repealed by its own terms on January 1, 2021. This bill would extend the authority of the Governor to certify a project to January 1, 2024. The bill would authorize the Office of Planning and Research to charge a fee on an applicant seeking certification for costs incurred by the Governor's office in the implementation of the leadership act. The bill would additionally include housing development projects, as defined, meeting certain conditions as projects eligible for certification. The bill would, except for those housing development projects, require the quantification and mitigation of the impacts of a project from the emissions of greenhouse gases, as provided. The bill would provide for the certification by the Governor of a project alternative described in an EIR for a certified project, as provided. The bill would additionally require the project applicant, as a condition of certification, to agree to pay for the costs of the trial court in hearing and deciding the case. The bill would revise and recast the labor-related requirements for projects undertaken by public agencies and for projects undertaken by private entities. The bill would instead specify that the time period for the final resolution of any judicial action is 270 business days after the filing of the record of proceedings with the court. 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, 2025. The bill would instead repeal the leadership act on January 1, 2025. 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 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. In Senate. Concurrence in Assembly amendments pending.

  2. Read third time. Passed. (Ayes 62. Noes 4. Page 5510.) Ordered to the Senate.

  3. Read second time. Ordered to third reading.

  4. Read second time and amended. Ordered to second reading.

  5. From committee: Do pass as amended. (Ayes 16. Noes 0.) (August 20).

  6. August 18 set for first hearing. Placed on suspense file.

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

  8. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 8. Noes 1.) (August 6).

  9. July 29 hearing postponed by committee.

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

  11. Referred to Com. on NAT. RES.

  12. In Assembly. Read first time. Held at Desk.

  13. Read third time. Passed. (Ayes 32. Noes 4. Page 3849.) Ordered to the Assembly.

  14. Read second time. Ordered to third reading.

  15. Read second time and amended. Ordered to second reading.

  16. From committee: Do pass as amended. (Ayes 5. Noes 1. Page 3768.) (June 18).

  17. June 18 hearing: Reconsideration granted.

  18. From committee: Do pass. (Ayes 7. Noes 0. Page 3768.) (June 18).

  19. Set for hearing June 18.

  20. June 9 hearing: Placed on APPR. suspense file.

  21. Set for hearing June 9.

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

  23. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 0. Page 3621.) (May 29).

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

  25. Set for hearing May 29.

  26. April 1 hearing postponed by committee.

  27. Set for hearing April 1.

  28. Referred to Com. on EQ.

  29. From printer. May be acted upon on or after March 14.

  30. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 11 co-sponsors · 110 not signed on · 7 voted No

Sponsors (1)

  • Atkins

Co-sponsors (11)

Not signed on (110)

110 members have not signed on to this bill.

Show all 110 →

"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

SB 995 Atkins Senate Third Reading By Gonzalez

Passed 62 Yea · 4 Nay · 13 Other
Party YeaNayPresentNot Voting
Democratic 17104
Unaffiliated 40308
Republican 5001
Total 624013
% of votes cast 78%5%0%16%
How each member voted (79)
Member Party Vote
Bigelow — Yea
Cunningham — Yea
Daly — Yea
Diep — Yea
Salas — Yea
Gray — Yea
Ting — Yea
Cooper — Yea
Nazarian — Yea
Jones-Sawyer — Yea
Friedman — Yea
Wood — Yea
Rendon — Yea
Holden — Yea
Medina — Yea
Bloom — Yea
Waldron — Yea
Mullin — Yea
Rodriguez — Yea
Chiu — Yea
Burke — Yea
Maienschein — Yea
Weber — Yea
Brough — Yea
Mathis — Yea
Santiago — Yea
Smith — Yea
Gonzalez — Yea
Quirk — Yea
Gloria — Yea
McCarty — Yea
Chu — Yea
Low — Yea
O'Donnell — Yea
Obernolte — Yea
Chau — Yea
Cooley — Yea
Levine — Nay
Kamlager — Nay
Frazier — Not Voting
Eggman — Not Voting
Voepel — Not Voting
Fong — Not Voting
Kiley — Not Voting
Mayes — Not Voting
Cristina Garcia — Not Voting
Eduardo Garcia — Yea
Jim Patterson — Not Voting
Luz Rivas — Yea
Mark Stone — Nay
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Nay
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Not Voting
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Not Voting
Limón, Monique Democratic Not Voting
Muratsuchi, Al 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
Wicks, Buffy Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Yea
Dahle, Megan Republican Not Voting
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea

Official roll call →

SB 995 Atkins Senate Third Reading By Gonzalez Move Previous Question By CALDERON

Passed 54 Yea · 12 Nay · 13 Other
Party YeaNayPresentNot Voting
Unaffiliated 35907
Democratic 19003
Republican 0303
Total 5412013
% of votes cast 68%15%0%16%
How each member voted (79)
Member Party Vote
Cunningham — Yea
Salas — Yea
Ting — Yea
Levine — Yea
Nazarian — Yea
Jones-Sawyer — Yea
Friedman — Yea
Wood — Yea
Rendon — Yea
Holden — Yea
Medina — Yea
Bloom — Yea
Mullin — Yea
Rodriguez — Yea
Chiu — Yea
Burke — Yea
Maienschein — Yea
Weber — Yea
Kamlager — Yea
Santiago — Yea
Smith — Yea
Gonzalez — Yea
Quirk — Yea
Gloria — Yea
McCarty — Yea
Chu — Yea
Low — Yea
O'Donnell — Yea
Chau — Yea
Cooley — Yea
Bigelow — Nay
Diep — Nay
Fong — Nay
Brough — Nay
Obernolte — Nay
Mathis — Nay
Kiley — Nay
Waldron — Nay
Mayes — Nay
Frazier — Not Voting
Daly — Not Voting
Gray — Not Voting
Eggman — Not Voting
Voepel — Not Voting
Cooper — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Not Voting
Luz Rivas — Yea
Mark Stone — Yea
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Not Voting
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Not Voting
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Not Voting
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Wicks, Buffy 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 Not Voting

Official roll call →

Do pass as amended.

Passed 16 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Democratic 6000
Unaffiliated 10001
Republican 0001
Total 16002
% of votes cast 89%0%0%11%
How each member voted (18)
Member Party Vote
Voepel — Yea
Bigelow — Yea
Quirk — Yea
Gonzalez — Yea
Diep — Yea
Bloom — Yea
Chau — Yea
Eggman — Yea
Fong — Not Voting
Eduardo Garcia — Yea
Wendy Carrillo — Yea
Bauer-Kahan, Rebecca Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gabriel, Jesse Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Rivas, Robert Democratic Yea
Dahle, Megan Republican Not Voting

Official roll call →

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

Passed 8 Yea · 1 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 7101
Republican 1000
Democratic 0001
Total 8102
% of votes cast 73%9%0%18%
How each member voted (11)
Member Party Vote
Eggman — Yea
McCarty — Yea
Friedman — Yea
Cunningham — Yea
Chau — Yea
Mathis — Yea
Cristina Garcia — Not Voting
Luz Rivas — Yea
Mark Stone — Nay
Muratsuchi, Al Democratic Not Voting
Flora, Heath Republican Yea

Official roll call →

3rd Reading SB995 Atkins et al.

Passed 32 Yea · 4 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 22203
Democratic 10000
Republican 0201
Total 32404
% of votes cast 80%10%0%10%
How each member voted (40)
Member Party Vote
Chang — Yea
Leyva — Yea
Atkins — Yea
Skinner — Yea
Allen — Yea
Dodd — Yea
Hertzberg — Yea
Glazer — Yea
Roth — Yea
Rubio — Yea
Wilk — Yea
Hill — Yea
Mitchell — Yea
Pan — Yea
Beall — Yea
Wieckowski — Yea
Monning — Yea
Galgiani — Yea
Nielsen — Yea
Portantino — Yea
Bradford — Yea
Hueso — Yea
Moorlach — Nay
Morrell — Nay
Bates — Not Voting
Borgeas — Not Voting
Melendez — Not Voting
Archuleta, Bob Democratic Yea
Caballero, Anna M. Democratic Yea
Durazo, Maria Elena Democratic Yea
Gonzalez, Lena A. Democratic Yea
Hurtado, Melissa Democratic Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Dahle, Megan Republican Not Voting
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

Do pass

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Republican 1000
Unaffiliated 6000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Leyva — Yea
Wieckowski — Yea
Hill — Yea
Portantino — Yea
Bates — Yea
Bradford — Yea
Jones, Brian W. Republican Yea

Official roll call →

Do pass as amended

Passed 5 Yea · 1 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 5001
Republican 0100
Total 5101
% of votes cast 71%14%0%14%
How each member voted (7)
Member Party Vote
Leyva — Yea
Wieckowski — Yea
Hill — Yea
Portantino — Yea
Bradford — Yea
Bates — Not Voting
Jones, Brian W. Republican Nay

Official roll call →

Placed on suspense file

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Republican 1000
Unaffiliated 6000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Leyva — Yea
Wieckowski — Yea
Hill — Yea
Portantino — Yea
Bates — Yea
Bradford — Yea
Jones, Brian W. Republican Yea

Official roll call →

Subjects

housing environment labor
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Frequently asked questions

What does SB 995 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. CEQA authorizes the preparation of a master EIR and authorizes the use of the master EIR to limit the environmental review of subsequent projects that are described in the master EIR, as specified. This bill would require a lead agency to prepare a master EIR for a general plan, plan amendment, plan element, or specified plan for housing projects where the state has provided funding for the preparation of the master EIR. The Jobs and Economic Improvement Through Environmental Leadership Act of 2011 (leadership act) authorizes the Governor, until January 1, 2020, to certify projects that meet certain requirements, including a requirement that the project applicant agrees to pay the costs of the court of appeal in hearing and deciding a case challenging a lead agency's action on a certified project and certain labor-related requirements, for streamlining benefits provided by the leadership act related to compliance with CEQA and streamlining of judicial review of action taken by a public agency to require a judicial action to be resolved within 270 days of the filing of the certified record of proceedings with the court. The leadership act provides that if a lead agency fails to approve a project certified by the Governor before January 1, 2021, the certification expires and is no longer valid. The leadership act requires a lead agency to prepare the record of proceedings for the certified project concurrent with the preparation of the EIR. The leadership act is repealed by its own terms on January 1, 2021. This bill would extend the authority of the Governor to certify a project to January 1, 2024. The bill would authorize the Office of Planning and Research to charge a fee on an applicant seeking certification for costs incurred by the Governor's office in the implementation of the leadership act. The bill would additionally include housing development projects, as defined, meeting certain conditions as projects eligible for certification. The bill would, except for those housing development projects, require the quantification and mitigation of the impacts of a project from the emissions of greenhouse gases, as provided. The bill would provide for the certification by the Governor of a project alternative described in an EIR for a certified project, as provided. The bill would additionally require the project applicant, as a condition of certification, to agree to pay for the costs of the trial court in hearing and deciding the case. The bill would revise and recast the labor-related requirements for projects undertaken by public agencies and for projects undertaken by private entities. The bill would instead specify that the time period for the final resolution of any judicial action is 270 business days after the filing of the record of proceedings with the court. 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, 2025. The bill would instead repeal the leadership act on January 1, 2025. 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 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 995?
SB 995 is sponsored by Atkins, Wiener, Scott D. (Democratic), Caballero, Anna M. (Democratic), Hill, McGuire, Mike (Democratic), Durazo, Maria Elena (Democratic), Roth, Burke, Santiago, Ting, Gonzalez, Lena A. (Democratic), and Rubio, Susan (Democratic).
What is the current status of SB 995?
This bill died with 2019-2020 Regular Session. It reached “Passed Senate” 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 995?
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