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AB-2734 California Environmental Quality Act: geographic terms: maps.(2019-2020)

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Date Published: 05/01/2020 09:00 PM
AB2734:v98#DOCUMENT

Amended  IN  Assembly  May 04, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 2734


Introduced by Assembly Member Chiu

February 20, 2020


An act to amend Section 21050 of add Section 21083.8 to the Public Resources Code, relating to environmental quality.


LEGISLATIVE COUNSEL'S DIGEST


AB 2734, as amended, Chiu. California Environmental Quality Act. Act: geographic terms: maps.
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. CEQA requires the Office of Planning and Research to prepare and develop, and the Secretary of the Natural Resources Agency to review and adopt, guidelines for the implementation of CEQA.

This bill would make nonsubstantive changes to a provision relating to the title of CEQA.

This bill would authorize the office to prepare and develop, and the secretary to review, adopt, amend, or repeal, maps for purposes of CEQA to illustrate or clarify geographic terms. The bill would specify that the adopted maps establish a rebuttable presumption of the presence of geographic terms depicted by the maps. The bill would prohibit a lead agency or responsible agency from making a contrary finding of the presence of the geographic terms depicted by the maps unless the contrary finding is supported by a preponderance of evidence in the record of proceedings.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

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


SECTION 1.

 Section 21083.8 is added to the Public Resources Code, to read:

21083.8.
 (a) The Office of Planning and Research may prepare and develop, and the Secretary of the Natural Resources Agency may review, adopt, amend, or repeal, maps for purposes of this division to illustrate or clarify geographic terms, such as agricultural land, bus rapid transit, infill site, major transit stop, or urbanized area.
(b) Maps adopted under subdivision (a) are not subject to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).
(c) (1) The maps adopted under subdivision (a) establish a rebuttable presumption of the presence of geographic terms depicted by the maps.
(2) A lead agency or responsible agency shall not make a contrary finding of the presence of geographic terms depicted by maps adopted under subdivision (a) unless the contrary finding is supported by a preponderance of evidence in the record of proceedings.

SECTION 1.Section 21050 of the Public Resources Code is amended to read:
21050.

This division shall be known, and may be cited, as the California Environmental Quality Act.