California 2019-2020 Regular Session Status: Passed Assembly

AB 609 — California Environmental Quality Act: notices and documents: electronic filing and posting.

Last action — Re-referred to Com. on EQ.

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

This bill died with 2019-2020 Regular Session. It reached “Passed Assembly” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 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 act requires the lead agency to mail certain notices to persons who have filed a written request for notices. This bill would require the lead agency and the project applicant to post those notices on their internet website. CEQA requires a lead agency to submit to the State Clearinghouse in sufficient number of copies, in either hard-copy or electronic form, a draft environmental impact report, proposed negative declaration, or proposed mitigated negative declaration for projects in which a state agency is the lead agency, a responsible agency, or a trustee agency; a state agency otherwise has jurisdiction with respect to the project; or the project is of sufficient statewide, regional, or areawide environmental significance. This bill would instead require a lead agency to submit to the State Clearinghouse, in electronic form, the above-described environmental review documents for all projects and would require the lead agency and project applicant to post those documents on their internet website. CEQA requires a state agency, if it determines to carry out or approve a project that is subject to CEQA, to file a notice of determination with the Office of Planning and Research. CEQA authorizes a state agency, if it determines that a project is not subject to CEQA, to file a notice of exemption with the Office of Planning and Research. This bill would require the notice of determination or the notice of exemption to be filed electronically by the state agency. CEQA requires a local agency, if it determines to carry out or approve a project that is subject to CEQA, to file a notice of determination with the county clerk of a county in which the project will be located. CEQA authorizes a local agency, if it determines that a project is not subject to CEQA, to file a notice of exemption with the county clerk of a county in which the project will be located. This bill would require the notice of determination or notice of exemption to be filed electronically by the local agency if that option is offered by the county clerk. Because this bill would impose additional duties on a lead agency, 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. Re-referred to Com. on EQ.

  2. Re-referred to Com. on RLS. pursuant to Senate Rule 29.10(c).

  3. Read second time. Ordered to third reading.

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

  5. Ordered to second reading.

  6. From inactive file.

  7. Ordered to inactive file at the request of Senator Hertzberg.

  8. Ordered to third reading.

  9. From Consent Calendar.

  10. Read second time. Ordered to Consent Calendar.

  11. From committee: Be ordered to second reading file pursuant to Senate Rule 28.8 and ordered to Consent Calendar.

  12. From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 15. Noes 0.) (July 9). Re-referred to Com. on APPR.

  13. In committee: Hearing postponed by committee.

  14. Referred to Com. on G.O.

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

  16. Read third time. Passed. Ordered to the Senate. (Ayes 72. Noes 0. Page 1190.)

  17. Read second time. Ordered to Consent Calendar.

  18. From committee: Do pass. To Consent Calendar. (Ayes 17. Noes 0.) (April 3).

  19. From committee: Do pass and re-refer to Com. on APPR. (Ayes 18. Noes 0.) (March 20). Re-referred to Com. on APPR.

  20. Referred to Com. on G.O.

  21. From printer. May be heard in committee March 17.

  22. Read first time. To print.

Sponsors

  • Levine · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Levine

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

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"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

Passed 15 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 12001
Republican 1000
Democratic 2000
Total 15001
% of votes cast 94%0%0%6%
How each member voted (16)
Member Party Vote
Dodd — Yea
Rubio — Yea
Allen — Yea
Galgiani — Yea
Portantino — Yea
Hill — Yea
Glazer — Yea
Hueso — Yea
Nielsen — Yea
Bradford — Yea
Chang — Yea
Wilk — Yea
Borgeas — Not Voting
Archuleta, Bob Democratic Yea
Wiener, Scott D. Democratic Yea
Jones, Brian W. Republican Yea

Official roll call →

Passed 72 Yea · 0 Nay · 8 Other
Party YeaNayPresentNot Voting
Unaffiliated 42006
Democratic 23002
Republican 7000
Total 72008
% of votes cast 90%0%0%10%
How each member voted (80)
Member Party Vote
Brough — Yea
Kiley — Yea
Mayes — Yea
Salas — Yea
Mathis — Yea
Bigelow — Yea
Smith — Yea
Cunningham — Yea
Gonzalez — Yea
Diep — Yea
Chau — Yea
Gloria — Yea
Bloom — Yea
Rodriguez — Yea
Santiago — Yea
Obernolte — Yea
Voepel — Yea
Gray — Yea
Holden — Yea
Daly — Yea
Eggman — Yea
Maienschein — Yea
Jones-Sawyer — Yea
Quirk — Yea
Mullin — Yea
Friedman — Yea
Ting — Yea
Kamlager-Dove — Yea
Melendez — Yea
McCarty — Yea
Nazarian — Yea
Burke — Yea
Cooper — Yea
Wood — Yea
Medina — Yea
Rendon — Yea
Chu — Yea
O'Donnell — Yea
Weber — Yea
Waldron — Yea
Chiu — Not Voting
Frazier — Not Voting
Levine — Not Voting
Cooley — Not Voting
Low — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Not Voting
Mark Stone — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Not Voting
Bauer-Kahan, Rebecca Democratic Yea
Berman, Marc Democratic Not Voting
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Carrillo, Juan Democratic Yea
Cervantes, Sabrina Democratic Yea
Fong, Mike 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 Yea
Muratsuchi, Al Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
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 Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea
Patterson, Joe Republican Yea

Official roll call →

Passed 17 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 7000
Unaffiliated 10001
Total 17001
% of votes cast 94%0%0%6%
How each member voted (18)
Member Party Vote
Bloom — Yea
Friedman — Yea
Brough — Yea
Obernolte — Yea
Quirk — Yea
Bigelow — Yea
Eggman — Yea
Gonzalez — Yea
Diep — Yea
Chau — Yea
Maienschein — Not Voting
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Carrillo, Juan Democratic Yea
Fong, Mike Democratic Yea
Gabriel, Jesse Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Rivas, Robert Democratic Yea

Official roll call →

Passed 18 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Democratic 7000
Republican 2000
Unaffiliated 9003
Total 18003
% of votes cast 86%0%0%14%
How each member voted (21)
Member Party Vote
Salas — Yea
Brough — Yea
Low — Yea
Mathis — Yea
Bigelow — Yea
Daly — Yea
Cooley — Yea
Melendez — Yea
Jones-Sawyer — Yea
Gray — Not Voting
Cooper — Not Voting
Eduardo Garcia — Not Voting
Aguiar-Curry, Cecilia M. Democratic Yea
Berman, Marc Democratic Yea
Bonta, Mia Democratic Yea
Gipson, Mike A. Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea

Official roll call →

Subjects

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Frequently asked questions

What does AB 609 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 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 act requires the lead agency to mail certain notices to persons who have filed a written request for notices. This bill would require the lead agency and the project applicant to post those notices on their internet website. CEQA requires a lead agency to submit to the State Clearinghouse in sufficient number of copies, in either hard-copy or electronic form, a draft environmental impact report, proposed negative declaration, or proposed mitigated negative declaration for projects in which a state agency is the lead agency, a responsible agency, or a trustee agency; a state agency otherwise has jurisdiction with respect to the project; or the project is of sufficient statewide, regional, or areawide environmental significance. This bill would instead require a lead agency to submit to the State Clearinghouse, in electronic form, the above-described environmental review documents for all projects and would require the lead agency and project applicant to post those documents on their internet website. CEQA requires a state agency, if it determines to carry out or approve a project that is subject to CEQA, to file a notice of determination with the Office of Planning and Research. CEQA authorizes a state agency, if it determines that a project is not subject to CEQA, to file a notice of exemption with the Office of Planning and Research. This bill would require the notice of determination or the notice of exemption to be filed electronically by the state agency. CEQA requires a local agency, if it determines to carry out or approve a project that is subject to CEQA, to file a notice of determination with the county clerk of a county in which the project will be located. CEQA authorizes a local agency, if it determines that a project is not subject to CEQA, to file a notice of exemption with the county clerk of a county in which the project will be located. This bill would require the notice of determination or notice of exemption to be filed electronically by the local agency if that option is offered by the county clerk. Because this bill would impose additional duties on a lead agency, 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 AB 609?
AB 609 is sponsored by Levine.
What is the current status of AB 609?
This bill died with 2019-2020 Regular Session. It reached “Passed Assembly” 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 AB 609?
Track AB 609 free on One Click Politics — get push/email alerts when it moves.

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