Bill Text

Bill Information

PDF |Add To My Favorites |Track Bill | print page

AB-782 California Environmental Quality Act: exemption: public agencies: land transfers.(2019-2020)

SHARE THIS:share this bill in Facebookshare this bill in Twitter
Date Published: 04/02/2019 09:00 PM
AB782:v98#DOCUMENT

Amended  IN  Assembly  April 02, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill No. 782


Introduced by Assembly Member Berman

February 19, 2019


An act to add Section 21080.28 to the Public Resources Code, relating to environmental quality.


LEGISLATIVE COUNSEL'S DIGEST


AB 782, as amended, Berman. California Environmental Quality Act: exemption: public agencies: property land transfers.
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.
This bill would exempt from CEQA the acqusition, acquisition, sale, or other transfer of property interest in land by a public agency for certain purposes, or the granting or acceptance of funding of that acquisition, sale, or other transfer by a public agency, by a public agency for those purposes, if the public agency conditions those transactions on compliance environmental review in accordance with CEQA before making physical changes to the transferred property. land before making those changes.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 It is the intent of the Legislature in enacting this act to clarify the timing of the environmental review required pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) where a public agency is involved in the funding, acquisition, sale, or other transfer of interests in land for purposes set forth in subdivision (a) of Section 21080.28 of the Public Resources Code. This act is not intended to otherwise alter the applicability of the California Environmental Quality Act to an action that may cause a physical change in the environment.

SECTION 1.SEC. 2.

 Section 21080.28 is added to the Public Resources Code, to read:

21080.28.
 (a) Subject to subdivision (b), this division does not apply to either of the following:
(1) Acquisition, The acquisition, sale, or other transfer of interest in land by a public agency of the following: for any of the following purposes:
(A) Areas for the preservation Preservation of natural conditions existing at the time of transfer, including plant and animal habitats.
(B) Areas for the restoration Restoration of natural conditions, including plants and animals.
(C) Areas for the continuing Continuing agricultural use of the areas. land.
(D) Areas for the prevention Prevention of encroachment of development into flood plains.
(E) Areas for the preservation Preservation of historical resources.
(F) Areas for the preservation Preservation of open space of or lands for park purposes.
(2) The granting or acceptance of funding by a public agency for purposes of paragraph (1).
(b) This section only applies if the public agency conditions the funding or the acquisition, sale, or other transfer of the property interests in land and, if applicable, the granting or acceptance of funding, on compliance with environmental review under this division before making of any physical change to the transferred property. land before that change occurs to determine if the physical change may have a significant effect on the environment.
(c) If the lead agency determines that an activity is not subject to this division pursuant to this section and the lead agency determines to approve or carry out the activity, the lead agency shall file a notice with the Office of Planning and Research and with the county clerk in the county in which the land is located in the manner specified in subdivisions (b) and (c) of Section 21152.