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SB-632 California Environmental Quality Act: injunction: vegetation treatment projects.(2019-2020)

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Date Published: 04/29/2019 02:00 PM
SB632:v97#DOCUMENT

Amended  IN  Senate  April 29, 2019
Amended  IN  Senate  April 10, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill No. 632


Introduced by Senator Galgiani
(Principal coauthor: Senator Dodd)
(Coauthors: Senators Borgeas and Nielsen)
(Coauthor: Assembly Member Gallagher)

February 22, 2019


An act to add Section 21168.12 to add and repeal Section 746 of the Public Resources Code, relating to environmental quality.


LEGISLATIVE COUNSEL'S DIGEST


SB 632, as amended, Galgiani. California Environmental Quality Act: injunction: vegetation treatment projects.
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.

Existing law authorizes the court to grant relief in an action or proceeding brought challenging a project on the grounds of noncompliance with CEQA.

This bill would, in granting relief in such action or proceeding, prohibit the court from enjoining or staying a project that is consistent with a vegetation treatment program for which a program environmental impact report has been certified by the State Board of Forestry and Fire Protection.

Existing law establishes the State Board of Forestry and Fire Protection and vests the board with authority over wildland forest resources.
This bill would require the board, by June 30, 2020, to complete its environmental review under CEQA and certify a specific draft program environmental impact report for a vegetation treatment program.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

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


SECTION 1.

 Section 746 is added to the Public Resources Code, to read:

746.
 (a) On or before June 30, 2020, the board shall complete its review, pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000)), of the draft program environmental impact report for a vegetation treatment program prepared pursuant to a notice of preparation, State Clearinghouse Number 2019012052, filed by the board with the State Clearinghouse on January 30, 2019, and certify that draft program environmental impact report pursuant to the California Environmental Quality Act.
(b) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.

SECTION 1.Section 21168.12 is added to the Public Resources Code, to read:
21168.12.

In granting relief in an action or proceeding brought pursuant to this division challenging a project that is consistent with a vegetation treatment program for which a program environmental impact report has been certified by the State Board of Forestry and Fire Protection, the court shall not enjoin or stay that project.