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SB-1148 Cannabis: licenses: California Environmental Quality Act.(2021-2022)



Current Version: 06/30/22 - Amended Assembly

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SB1148:v94#DOCUMENT

Amended  IN  Assembly  June 30, 2022
Amended  IN  Senate  May 23, 2022
Amended  IN  Senate  May 02, 2022
Amended  IN  Senate  April 18, 2022
Amended  IN  Senate  March 15, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill
No. 1148

Introduced by Senator Laird

February 16, 2022

An act to add Section 26051.6 26050.6 to the Business and Professions Code, relating to cannabis.


LEGISLATIVE COUNSEL'S DIGEST


SB 1148, as amended, Laird. Cannabis: licenses: California Environmental Quality Act.
Existing law, the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA), an initiative measure approved as Proposition 64 at the November 8, 2016, statewide general election, 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. Existing law, 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. Under MAUCRSA, the Department of Cannabis Control has sole authority to license and regulate commercial cannabis activity, which MAUCRSA defines to include, among other activities, the sale of cannabis and cannabis products.
AUMA requires the department to devise protocols to ensure compliance with state laws and regulations related to environmental impacts, including, but not limited to, Existing law, the California Environmental Quality Act (CEQA). CEQA (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. MAUCRSA exempts the adoption of an ordiance, rule, or regulation by a local jurisdiction that requires discretionary review and approval of permits, licenses, or other authorizations to engage in commercial exemption if the discretionary review includes any applicable environmental review pursuant to CEQA.
This bill would provide that CEQA does not apply to the issuance of a state license for a project to engage in commercial cannabis activity if the appropriate local jurisdiction has filed a notice of exemption or a notice of determination following the adoption of a negative declaration or certification of an environmental impact report pursuant to CEQA that is specific to the applicant’s commercial cannabis activity or license, as specified. (1) approved the project, either adopted a negative declaration or mitigated negative declaration for the project or certified an environmental impact report for the project, and filed a notice of determination, or (2) approved the project following a determination that the project complies with a local ordinance governing commercial cannabis activity for which an environmental impact report has been certified and the project does not result in an impact that was not analyzed in that environmental impact report. The bill, in order to qualify for the exemption, would require the local jurisdiction’s determination on the project or local ordinance to be final and not the subject of pending judicial review, as described.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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.

(a)The

SECTION 1.

 Section 26050.6 is added to the Business and Professions Code, to read:

26050.6.
 (a) The California Environmental Quality Act (CEQA) (Division 13 (commencing with Section 21000) of the Public Resources Code) does not apply to the issuance issuance, pursuant to this chapter, by the department of a state license for a project to engage in commercial cannabis activity if the appropriate local jurisdiction, as the lead agency, has filed done either of the following:
(1) Approved the project, either adopted a negative declaration or mitigated negative declaration for the project or certified an environmental impact report for the project, and filed with the Office of Planning and Research a notice of exemption or a notice of determination following the adoption of a negative declaration or certification of an environmental impact report pursuant to Division 13 (commencing with Section 21000) of the Public Resources Code that is specific to the applicant’s commercial cannabis activity or license. determination.
(2) Approved the project following a determination that the project complies with a local ordinance governing commercial cannabis activity for which an environmental impact report has been certified and the project does not result in an impact that was not analyzed in that environmental impact report.
(b) In order to qualify for the exemption in subdivision (a), the activity or activities associated with the commercial cannabis license that the applicant is applying to exempt from CEQA shall conform with the scope of the commercial cannabis activity or activities analyzed and reviewed under CEQA by the local jurisdiction, as determined by the department. local jurisdiction’s determination on the project or local ordinance, as applicable and as required under Section 21080.1 of the Public Resources Code, shall be final and the local jurisdiction’s determination shall not be the subject of pending judicial review. The department shall determine whether the project satisfies this subdivision.