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SB-1052 California Environmental Quality Act: historical resource.(2017-2018)

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Date Published: 02/12/2018 09:00 PM
SB1052:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 1052


Introduced by Senator Bates

February 12, 2018


An act to amend Section 21084.1 of the Public Resources Code, relating to environmental quality.


LEGISLATIVE COUNSEL'S DIGEST


SB 1052, as introduced, Bates. California Environmental Quality Act: historical resource.
The California Environmental Quality Act, known as 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 provides that a project that may cause a substantial adverse change in the significance of a historical resource is a project that may have a significant effect on the environment.
This bill would make technical, nonsubstantive changes to this provision.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Section 21084.1 of the Public Resources Code is amended to read:

21084.1.
 A project that may cause a substantial adverse change in the significance of an a historical resource is a project that may have a significant effect on the environment. For purposes of this section, an a historical resource is a resource listed in, or determined to be eligible for listing in, the California Register of Historical Resources. Historical resources included in a local register of historical resources, as defined in subdivision (k) of Section 5020.1, or deemed significant pursuant to criteria set forth in subdivision (g) of Section 5024.1, are presumed to be historically or culturally significant for purposes of this section, unless the preponderance of the evidence demonstrates that the resource is not historically or culturally significant. The fact that a resource is not listed in, or determined to be eligible for listing in, the California Register of Historical Resources, not included in a local register of historical resources, or is not deemed significant pursuant to criteria set forth in subdivision (g) of Section 5024.1 shall does not preclude a lead agency from determining whether the resource may be an a historical resource for purposes of this section.