SB 995

  • California Senate Bill
  • 2019-2020 Regular Session
  • Introduced in Senate Feb 12, 2020
  • Passed Senate Jun 25, 2020
  • Passed Assembly Aug 31, 2020
  • Governor

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

Abstract

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agency fails to approve a project certified by the Governor before January 1, 2021, the certification expires and is no longer valid.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 Sponsors (12)

Votes


Actions


Aug 31, 2020

Senate

In Senate. Concurrence in Assembly amendments pending.

Assembly

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

Aug 26, 2020

Assembly

Read second time. Ordered to third reading.

Aug 25, 2020

Assembly

Read second time and amended. Ordered to second reading.

Aug 24, 2020

Assembly

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

Aug 18, 2020

Assembly

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

Aug 12, 2020

Assembly

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

  • Reading-1
  • Reading-2
  • Amendment-Passage
  • Referral-Committee
Com. on APPR.

Aug 11, 2020

Assembly

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

Jul 27, 2020

Assembly

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

  • Reading-1
  • Reading-2
  • Amendment-Passage
  • Committee-Passage
  • Referral-Committee
Com. on NAT. RES.

Assembly

July 29 hearing postponed by committee.

Jun 29, 2020

Assembly

Referred to Com. on NAT. RES.

  • Referral-Committee
Com. on NAT. RES.

Jun 25, 2020

Assembly

In Assembly. Read first time. Held at Desk.

Senate

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

Jun 22, 2020

Senate

Read second time. Ordered to third reading.

Jun 18, 2020

Senate

Read second time and amended. Ordered to second reading.

Senate

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

Senate

June 18 hearing: Reconsideration granted.

Senate

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

Jun 11, 2020

Senate

Set for hearing June 18.

Jun 09, 2020

Senate

June 9 hearing: Placed on APPR. suspense file.

Jun 04, 2020

Senate

Set for hearing June 9.

Jun 02, 2020

Senate

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

  • Reading-1
  • Reading-2
  • Amendment-Passage
  • Referral-Committee
Com. on APPR.

May 29, 2020

Senate

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

May 19, 2020

Senate

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

  • Reading-1
  • Reading-2
  • Amendment-Passage
  • Committee-Passage
  • Referral-Committee
Com. on EQ.

May 13, 2020

Senate

Set for hearing May 29.

Mar 18, 2020

Senate

April 1 hearing postponed by committee.

Mar 13, 2020

Senate

Set for hearing April 1.

Feb 20, 2020

Senate

Referred to Com. on EQ.

  • Referral-Committee
Com. on EQ.

Feb 13, 2020

Senate

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

Feb 12, 2020

Senate

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

Bill Text

Bill Text Versions Format
SB995 HTML
02/12/20 - Introduced PDF
05/19/20 - Amended Senate PDF
06/02/20 - Amended Senate PDF
06/18/20 - Amended Senate PDF
07/27/20 - Amended Assembly PDF
08/12/20 - Amended Assembly PDF
08/25/20 - Amended Assembly PDF

Related Documents

Document Format
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Sources

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