California 2019-2020 Regular Session Status: Enacted 1 D cosponsors

SB 288 — California Environmental Quality Act: exemptions: transportation-related projects.

Last action — Chaptered by Secretary of State. Chapter 200, Statutes of 2020.

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

This bill has been enacted into law. Introduced February 13, 2019. Enacted.

Prognosis

Likely to advance 76% · 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.

  • 3 sponsors

    1 primary, 2 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 D).

  • Cleared a recorded vote

    Passed 10 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 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 includes exemptions from its environmental review requirements for numerous categories of projects, including, among others, projects for the institution or increase of passenger or commuter services on rail or highway rights-of-way already in use and projects for the institution or increase of passenger or commuter service on high-occupancy vehicle lanes already in use, as specified. This bill would further exempt from the requirements of CEQA certain projects, including projects for the institution or increase of new bus rapid transit, bus, or light rail services on public rail or highway rights-of-way, as specified, whether or not the right-of-way is in use for public mass transit, as specified, and projects for the designation and conversion of general purpose lanes, high-occupancy toll lanes, high-occupancy vehicle lanes, or highway shoulders, as specified. The bill would additionally exempt transit prioritization projects, projects that improve customer information and wayfinding for transit riders, bicyclists, or pedestrians, projects by a public transit agency to construct or maintain infrastructure to charge or refuel zero-emission transit buses, projects carried out by a city or county to reduce minimum parking requirements, and projects for pedestrian and bicycle facilities. The bill would, except as provided, require those exempt projects to meet additional specified criteria, including that a public agency is carrying out the project and is the lead agency for the project. The bill would, except as provided, require the lead agency to certify that those projects will be carried out by a skilled and trained workforce, except as provided. For those exempted projects exceeding $100,000,000 in 2020 United States dollars, the bill, except as provided, would require the lead agency to complete and consider the results of a project business case and a racial equity analysis, as prescribed, would require the lead agency, before exempting a project from CEQA, to hold at least 3 noticed public meetings in the project area to hear and respond to public comments, would require the lead agency, in at least one of those public meetings, to review the project business case and the racial equity analysis, and would require the lead agency to conduct at least 2 noticed public meetings annually during project construction for the public to provide comments. If the lead agency determines to carry out a project exempt under the above provisions, the bill would require the lead agency to file a notice of exemption with the Office of Planning and Research and the county clerk of the county in which the project is located. The bill would repeal the above-described exemptions on January 1, 2023. (2) CEQA, until January 1, 2021, exempts from its requirements bicycle transportation plans for an urbanized area for restriping of streets and highways, bicycle parking and storage, signal timing to improve street and highway intersection operations, and related signage for bicycles, pedestrians, and vehicles under certain conditions, including the requirement that the lead agency, before determining that a project is exempt, prepare an assessment of any traffic and safety impacts of the project and include measures in the bicycle transportation plan to mitigate potential vehicular traffic impacts and bicycle and pedestrian safety impacts. This bill would extend the above exemption until January 1, 2030. The bill also would, among other things, remove the above requirement related to traffic and safety impacts and measures.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 200, Statutes of 2020.

  2. Approved by the Governor.

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

  4. Assembly amendments concurred in. (Ayes 32. Noes 5.) Ordered to engrossing and enrolling.

  5. In Senate. Concurrence in Assembly amendments pending.

  6. Read third time. Passed. (Ayes 65. Noes 3. Page 5288.) Ordered to the Senate.

  7. Read second time. Ordered to third reading.

  8. From committee: Do pass. (Ayes 16. Noes 2.) (August 20).

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

  10. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 1.) (August 6).

  11. July 29 hearing postponed by committee.

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

  13. Assembly Rule 56 suspended.

  14. Re-referred to Com. on NAT. RES. pursuant to Assembly Rule 96.

  15. Re-referred to Com. on RLS. pursuant to Assembly Rule 96.

  16. From committee with author's amendments. Read second time and amended. Re-referred to Com. on E. & R.

  17. From committee with author's amendments. Read second time and amended. Re-referred to Com. on E. & R.

  18. Re-referred to Coms. on E. & R. and APPR. pursuant to Assembly Rule 77.2.

  19. Ordered to third reading.

  20. Read third time and amended.

  21. Read second time. Ordered to third reading.

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

  23. From committee: Do pass as amended. (Ayes 4. Noes 0.) (July 3).

  24. From committee: Be re-referred to Com. on E. & R. (Ayes 12. Noes 0.) (June 24). Re-referred to Com. on E. & R.

  25. Re-referred to Com. on RLS. pursuant to Assembly Rule 96.

  26. From committee with author's amendments. Read second time and amended. Re-referred to Com. on U. & E.

  27. July 10 set for second hearing canceled at the request of author.

  28. June 26 set for first hearing canceled at the request of author.

  29. Referred to Com. on U. & E.

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

  31. Read third time. Passed. (Ayes 38. Noes 0. Page 1246.) Ordered to the Assembly.

  32. Read second time. Ordered to third reading.

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

  34. From committee: Do pass as amended. (Ayes 4. Noes 2. Page 1095.) (May 16).

  35. Set for hearing May 16.

  36. May 13 hearing: Placed on APPR. suspense file.

  37. Set for hearing May 13.

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

  39. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 11. Noes 0. Page 650.) (April 10).

  40. From committee with author's amendments. Read second time and amended. Re-referred to Com. on E., U. & C.

  41. Set for hearing April 10.

  42. April 2 hearing postponed by committee.

  43. Set for hearing April 2.

  44. Referred to Com. on E., U. & C.

  45. From printer. May be acted upon on or after March 16.

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

Sponsors

Sponsorship breakdown

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1 sponsors · 2 co-sponsors · 119 not signed on · 6 voted No

Sponsors (1)

Co-sponsors (2)

  • Friedman
  • Mathis

Not signed on (119)

119 members have not signed on to this bill.

Show all 119 →

"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

SB 288 Wiener Senate Third Reading By Friedman

Passed 65 Yea · 3 Nay · 11 Other
Party YeaNayPresentNot Voting
Unaffiliated 43206
Democratic 16105
Republican 6000
Total 653011
% of votes cast 82%4%0%14%
How each member voted (79)
Member Party Vote
Jones-Sawyer — Yea
Levine — Yea
Mayes — Yea
Weber — Yea
Mullin — Yea
Obernolte — Yea
Gray — Yea
Salas — Yea
Cunningham — Yea
Bigelow — Yea
O'Donnell — Yea
Rendon — Yea
Bloom — Yea
Gonzalez — Yea
Maienschein — Yea
Ting — Yea
Cooper — Yea
Nazarian — Yea
Fong — Yea
Friedman — Yea
Low — Yea
Diep — Yea
Cooley — Yea
Santiago — Yea
Chu — Yea
Chau — Yea
Waldron — Yea
Burke — Yea
Mathis — Yea
Kiley — Yea
Medina — Yea
Gloria — Yea
McCarty — Yea
Chiu — Yea
Quirk — Yea
Daly — Yea
Wood — Yea
Rodriguez — Yea
Holden — Yea
Smith — Yea
Brough — Nay
Eggman — Not Voting
Kamlager — Not Voting
Frazier — Not Voting
Voepel — 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 Not Voting
Arambula, Joaquin Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Not Voting
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 Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Not Voting
Muratsuchi, Al Democratic Nay
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 Not Voting
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 →

Unfinished Business SB288 Wiener et al. Concurrence

Passed 32 Yea · 5 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 22302
Democratic 8200
Republican 2001
Total 32503
% of votes cast 80%13%0%8%
How each member voted (40)
Member Party Vote
Roth — Yea
Galgiani — Yea
Portantino — Yea
Rubio — Yea
Atkins — Yea
Wilk — Yea
Hertzberg — Yea
Pan — Yea
Mitchell — Yea
Monning — Yea
Glazer — Yea
Borgeas — Yea
Beall — Yea
Hueso — Yea
Morrell — Yea
Leyva — Yea
Allen — Yea
Chang — Yea
Bradford — Yea
Skinner — Yea
Dodd — Yea
Hill — Yea
Melendez — Nay
Bates — Nay
Nielsen — Nay
Wieckowski — Not Voting
Moorlach — 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 Nay
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Nay
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Not Voting

Official roll call →

Do pass.

Passed 16 Yea · 2 Nay
Party YeaNayPresentNot Voting
Unaffiliated 10100
Democratic 5100
Republican 1000
Total 16200
% of votes cast 89%11%0%0%
How each member voted (18)
Member Party Vote
Voepel — Yea
Quirk — Yea
Fong — Yea
Gonzalez — Yea
Diep — Yea
Bloom — Yea
Chau — Yea
Eggman — Yea
Bigelow — Nay
Eduardo Garcia — Yea
Wendy Carrillo — Yea
Bauer-Kahan, Rebecca Democratic Nay
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gabriel, Jesse Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Rivas, Robert Democratic Yea
Dahle, Megan Republican Yea

Official roll call →

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

Passed 7 Yea · 1 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 6102
Republican 1000
Democratic 0001
Total 7103
% of votes cast 64%9%0%27%
How each member voted (11)
Member Party Vote
Eggman — Yea
McCarty — Yea
Friedman — Yea
Chau — Yea
Mathis — Yea
Cunningham — Not Voting
Cristina Garcia — Not Voting
Luz Rivas — Yea
Mark Stone — Nay
Muratsuchi, Al Democratic Not Voting
Flora, Heath Republican Yea

Official roll call →

Do pass as amended.

Passed 4 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Democratic 2000
Unaffiliated 2002
Republican 0001
Total 4003
% of votes cast 57%0%0%43%
How each member voted (7)
Member Party Vote
Mullin — Yea
Weber — Yea
Mayes — Not Voting
Low — Not Voting
Berman, Marc Democratic Yea
Calderon, Lisa Democratic Yea
Gallagher, James Republican Not Voting

Official roll call →

Be re-referred to the Committee on [Elections and Redistricting]

Passed 12 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democratic 5000
Unaffiliated 6000
Republican 1000
Total 12000
% of votes cast 100%0%0%0%
How each member voted (12)
Member Party Vote
Kamlager-Dove — Yea
Mathis — Yea
Cooley — Yea
Cunningham — Yea
Maienschein — Yea
Wendy Carrillo — Yea
Grayson, Timothy S. Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Yea
Rivas, Robert Democratic Yea
Wicks, Buffy Democratic Yea
Flora, Heath Republican Yea

Official roll call →

3rd Reading SB288 Wiener et al.

Passed 38 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 27000
Democratic 9000
Republican 2000
Total 38000
% of votes cast 100%0%0%0%
How each member voted (38)
Member Party Vote
Rubio — Yea
Monning — Yea
Wieckowski — Yea
Mitchell — Yea
Bradford — Yea
Wilk — Yea
Beall — Yea
Atkins — Yea
Hill — Yea
Roth — Yea
Morrell — Yea
Hueso — Yea
Leyva — Yea
Dodd — Yea
Moorlach — Yea
Skinner — Yea
Allen — Yea
Borgeas — Yea
Galgiani — Yea
Hertzberg — Yea
Portantino — Yea
Bates — Yea
Glazer — Yea
Nielsen — Yea
Chang — Yea
Pan — Yea
Mark Stone — Yea
Archuleta, Bob Democratic Yea
Caballero, Anna M. Democratic Yea
Durazo, Maria Elena 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
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

Do pass as amended

Passed 4 Yea · 2 Nay
Party YeaNayPresentNot Voting
Unaffiliated 4100
Republican 0100
Total 4200
% of votes cast 67%33%0%0%
How each member voted (6)
Member Party Vote
Hill — Yea
Bradford — Yea
Portantino — Yea
Wieckowski — Yea
Bates — Nay
Jones, Brian W. Republican Nay

Official roll call →

Placed on suspense file

Passed 6 Yea · 0 Nay
Party YeaNayPresentNot Voting
Republican 1000
Unaffiliated 5000
Total 6000
% of votes cast 100%0%0%0%
How each member voted (6)
Member Party Vote
Wieckowski — Yea
Portantino — Yea
Bates — Yea
Hill — Yea
Bradford — Yea
Jones, Brian W. Republican Yea

Official roll call →

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

Passed 11 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 8002
Democratic 3000
Total 11002
% of votes cast 85%0%0%15%
How each member voted (13)
Member Party Vote
Dodd — Yea
Moorlach — Yea
Rubio — Yea
Hill — Yea
Hueso — Yea
Chang — Yea
Skinner — Yea
Bradford — Not Voting
Hertzberg — Not Voting
Mark Stone — Yea
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Yea
Wiener, Scott D. Democratic Yea

Official roll call →

Subjects

environment transportation
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Frequently asked questions

What does SB 288 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 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 includes exemptions from its environmental review requirements for numerous categories of projects, including, among others, projects for the institution or increase of passenger or commuter services on rail or highway rights-of-way already in use and projects for the institution or increase of passenger or commuter service on high-occupancy vehicle lanes already in use, as specified. This bill would further exempt from the requirements of CEQA certain projects, including projects for the institution or increase of new bus rapid transit, bus, or light rail services on public rail or highway rights-of-way, as specified, whether or not the right-of-way is in use for public mass transit, as specified, and projects for the designation and conversion of general purpose lanes, high-occupancy toll lanes, high-occupancy vehicle lanes, or highway shoulders, as specified. The bill would additionally exempt transit prioritization projects, projects that improve customer information and wayfinding for transit riders, bicyclists, or pedestrians, projects by a public transit agency to construct or maintain infrastructure to charge or refuel zero-emission transit buses, projects carried out by a city or county to reduce minimum parking requirements, and projects for pedestrian and bicycle facilities. The bill would, except as provided, require those exempt projects to meet additional specified criteria, including that a public agency is carrying out the project and is the lead agency for the project. The bill would, except as provided, require the lead agency to certify that those projects will be carried out by a skilled and trained workforce, except as provided. For those exempted projects exceeding $100,000,000 in 2020 United States dollars, the bill, except as provided, would require the lead agency to complete and consider the results of a project business case and a racial equity analysis, as prescribed, would require the lead agency, before exempting a project from CEQA, to hold at least 3 noticed public meetings in the project area to hear and respond to public comments, would require the lead agency, in at least one of those public meetings, to review the project business case and the racial equity analysis, and would require the lead agency to conduct at least 2 noticed public meetings annually during project construction for the public to provide comments. If the lead agency determines to carry out a project exempt under the above provisions, the bill would require the lead agency to file a notice of exemption with the Office of Planning and Research and the county clerk of the county in which the project is located. The bill would repeal the above-described exemptions on January 1, 2023. (2) CEQA, until January 1, 2021, exempts from its requirements bicycle transportation plans for an urbanized area for restriping of streets and highways, bicycle parking and storage, signal timing to improve street and highway intersection operations, and related signage for bicycles, pedestrians, and vehicles under certain conditions, including the requirement that the lead agency, before determining that a project is exempt, prepare an assessment of any traffic and safety impacts of the project and include measures in the bicycle transportation plan to mitigate potential vehicular traffic impacts and bicycle and pedestrian safety impacts. This bill would extend the above exemption until January 1, 2030. The bill also would, among other things, remove the above requirement related to traffic and safety impacts and measures.
Who sponsors SB 288?
SB 288 is sponsored by Wiener, Scott D. (Democratic), Friedman, and Mathis.
What is the current status of SB 288?
This bill has been enacted into law. Introduced February 13, 2019. Enacted.
Where can I track SB 288?
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