Environmental quality: development projects: mineral deposits.

(1) The California Environmental Quality Act (CEQA) requires a lead agency to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project, as defined, that it proposes to carry out or approve that may have a significant effect on the environment, as defined, or to adopt a negative declaration if it finds that the project will not have that effect. CEQA requires that all public agencies adopt by ordinance, resolution, rule, or regulation, objectives, criteria, and procedures for the evaluation of projects and the preparation of environmental impact reports and negative declarations pursuant to the act. This bill would require a lead agency, if a proposed residential, retail, or commercial development project would preclude or substantially and directly impede the present or potential future use of lands for mineral extraction in an area that has received a specified classification by the State Geologist as containing mineral deposits of statewide or regional significance, to determine whether those impacts may have a significant effect on the environment, including, but not limited to, any significant effect on air quality. By imposing new duties on a lead agency with respect to determining whether certain development projects may have a significant effect on the environment, the bill would impose a state-mandated local program. (2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.