SB508:v95#DOCUMENTBill Start
Amended
IN
Assembly
August 14, 2023
|
Amended
IN
Senate
May 09, 2023
|
Amended
IN
Senate
May 02, 2023
|
Amended
IN
Senate
March 21, 2023
|
|
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Senate Bill
No. 508
Introduced by Senator Laird
(Coauthor: Assembly Member Gipson)
|
February 14, 2023 |
An act to add Section 26051.6 to the Business and Professions Code, relating to cannabis.
LEGISLATIVE COUNSEL'S DIGEST
SB 508, as amended, Laird.
Cannabis: licenses: California Environmental Quality Act.
The Control, Regulate and Tax Adult Use of Marijuana Act (AUMA), an initiative measure, authorizes a person who obtains a state license under AUMA to engage in commercial adult-use cannabis activity pursuant to that license and applicable local ordinances. The Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), among other things, consolidates the licensure and regulation of commercial medicinal and adult-use cannabis activities, and requires the Department of Cannabis Control to administer its provisions.
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.
This bill would provide that the Department of Cannabis Control is not required to serve as a responsible agency under CEQA if the local jurisdiction acting as lead agency under CEQA has filed a notice of determination for the commercial cannabis activity, or a notice of exemption for a retail commercial cannabis project, with the Office of Planning and Research following the adoption of a mitigated negative declaration or certification of an environmental impact report by the local jurisdiction, as specified, and the commercial cannabis activity that for which the applicant is seeking a license from the department for conforms to the scope of
is the same project as the commercial cannabis activity analyzed by the local jurisdiction under CEQA.
Digest Key
Vote:
MAJORITY
Appropriation:
NO
Fiscal Committee:
YES
Local Program:
NO
Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 26051.6 is added to the Business and Professions Code, to read:26051.6.
Notwithstanding any other law, in connection with the issuance of a license pursuant to this division, the department shall not be required to serve as a responsible agency under the California Environmental Quality Act (CEQA) (Division 13 (commencing with Section 21000) of the Public Resources Code) for projects a project if all of the following criteria are met:(a) A The local
jurisdiction, acting as lead agency under CEQA, has filed either of the following with the Office of Planning and Research upon a decision to carry out or approve a commercial cannabis activity for which the applicant is seeking a license from the department:
(1) A notice of determination for the commercial cannabis activity, following the adoption of a mitigated negative declaration.
(2) A notice of determination for the commercial cannabis activity, following certification of an environmental impact report.
(3) A notice of exemption for a retail commercial cannabis project.
(b) The commercial cannabis activity for which the applicant is seeking a license
from the department conforms to the scope of is the same project, as defined in Section 21065 of the Public Resources Code, as the commercial cannabis activity analyzed by the local jurisdiction under CEQA in accordance with subdivision (a).