BILL NUMBER: AB 953	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Ammiano

                        FEBRUARY 22, 2013

   An act to amend Sections 21060.5, 21068, and 21100 of the Public
Resources Code, relating to the California Environmental Quality Act.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 953, as introduced, Ammiano. California Environmental Quality
Act.
   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 defines
"environment" and "significant effect on the environment" for its
purposes. CEQA requires the EIR to include a detailed statement
setting forth specified facts.
   This bill would revise those definitions, as specified. This bill
would additionally require the lead agency to include in the EIR a
detailed statement on any significant effects that may result from
locating the proposed project near, or attracting people to, existing
or reasonably foreseeable natural hazards or adverse environmental
conditions. Because the lead agency would be required to undertake
this additional consideration, 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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 21060.5 of the Public Resources Code is amended
to read:
   21060.5.  "Environment" means the physical conditions 
which   that  exist within the area  which
  that  will be affected by a proposed project,
including land, air, water, minerals, flora, fauna, noise, objects of
historic or aesthetic significance  , as well as the health and
safety of people affected by the physical conditions at the location
of a project  .
  SEC. 2.  Section 21068 of the Public Resources Code is amended to
read:
   21068.  "Significant effect on the environment" means a
substantial, or potentially substantial, adverse change in the
environment.  "Significant effect on the environment" includes
exposure of people, either directly or indirectly, to a substantial
existing or reasonably foreseeable natural hazard or adverse
condition of the environment. 
  SEC. 3.  Section 21100 of the Public Resources Code is amended to
read:
   21100.  (a) All lead agencies shall prepare, or cause to be
prepared by contract, and certify the completion of, an environmental
impact report on any project which they propose to carry out or
approve that may have a significant effect on the environment.
Whenever feasible, a standard format shall be used for environmental
impact reports.
   (b) The environmental impact report shall include a detailed
statement setting forth all of the following:
   (1) All significant effects on the environment of the proposed
project.
   (2) In a separate section:
   (A) Any significant effect on the environment that cannot be
avoided if the project is implemented.
   (B) Any significant effect on the environment that would be
irreversible if the project is implemented.
   (3) Mitigation measures proposed to minimize significant effects
on the environment, including, but not limited to, measures to reduce
the wasteful, inefficient, and unnecessary consumption of energy.
   (4) Alternatives to the proposed project.
   (5) The growth-inducing impact of the proposed project. 
   (6) Any significant effects that may result from locating the
proposed project near, or attracting people to, existing or
reasonably foreseeable natural hazards or adverse environmental
conditions. 
   (c) The report shall also contain a statement briefly indicating
the reasons for determining that various effects on the environment
of a project are not significant and consequently have not been
discussed in detail in the environmental impact report.
   (d) For purposes of this section, any significant effect on the
environment shall be limited to substantial, or potentially
substantial, adverse changes in physical conditions  which
  that  exist within the area as defined in Section
21060.5.
   (e) Previously approved land use documents, including, but not
limited to, general plans, specific plans, and local coastal plans,
may be used in cumulative impact analysis.
  SEC. 4.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because a
local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code.