California Environmental Quality Act: exemption.

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 exempts certain projects, including projects undertaken, carried out, or approved by a public agency to maintain, repair, restore, demolish, or replace properties or facilities damaged or destroyed as a result of a disaster in a disaster-stricken area in which a state of emergency has been declared, as specified, and specific actions necessary to prevent or mitigate an emergency. This bill would expressly exempt from CEQA projects undertaken, carried out, or approved by a public agency to maintain, repair, restore, demolish, or replace properties or facilities damaged or destroyed as a result of fire or flood in a disaster-stricken area and would eliminate the requirement that a state of emergency has been declared for that area. The bill would exempt from CEQA specific actions necessary to reduce the threat or intensity of a wildfire. Because a lead agency would be required to determine whether a project falls within these exemptions, this bill would impose a state-mandated local program. 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 no reimbursement is required by this act for a specified reason.