SB 174 California Senate · 2023-2024 Regular Session

Public resources: California Environmental Quality Act: exemptions: native fish and wildlife: Capitol Annex.

Summary
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. Existing law, until January 1, 2025, exempts from the requirements of CEQA projects that conserve, restore, protect, or enhance, and assist in the recovery of California native fish and wildlife and the habitat upon which they depend and projects that restore or provide habitat for California native fish and wildlife, as provided. Existing law requires the lead agency to obtain the concurrence of the Director of Fish and Wildlife for the exemption determination. Existing law requires the lead agency to file a notice of exemption within 48 hours of making a determination that a project is exempt from CEQA with the Office of Planning and Research and requires the Department of Fish and Wildlife to post the director's concurrence on its internet website. This bill would extend the above-described exemption from the requirements of CEQA by 5 years to instead be until January 1, 2030. By extending the duties of the lead agency in implementing the exemption, this bill would impose a state-mandated local program. Existing law, known as the State Capitol Building Annex Act of 2016 (annex act) , authorizes the Joint Rules Committee to pursue the construction of a state capitol building annex or the restoration, rehabilitation, renovation, or reconstruction of the existing State Capitol Building Annex. Existing law states that it is the intent of the Legislature that all available cash sources, as described, be used to fund the projects authorized under a specified provision of the annex act. Existing law establishes the State Project Infrastructure Fund and continuously appropriates moneys in the fund for state projects and specified other purposes, including for transferring to the Operating Funds of the Assembly and Senate to be used for the capital outlay projects specified in the annex act, as specified. For works undertaken pursuant to the State Capitol Building Annex Act of 2016 or the State Office Building Act of 2018, existing law requires the environmental review under CEQA be conducted in a specified manner and requires an action or proceeding alleging that a public agency has approved or is undertaking those works in violation of CEQA to be subject to the Judicial Council rule of court requiring the action or proceeding, including any appeals, be resolved, to the extent feasible within 270 days of the certification of the record of proceedings. This bill would repeal those provisions related to environmental and judicial reviews of those works and would expressly provide that works performed under the State Capitol Building Annex Act of 2016 are exempt from CEQA. The bill would make conforming changes to the State Office Building Act of 2018. This bill would appropriate a total of $700,000,000 from the General Fund over 3 fiscal years, starting with the 2024–25 fiscal year, as specified, to fund the acquisition, design, construction, and equipping of projects authorized by the annex act and would require the amount appropriated for each fiscal year to be transferred to the State Project Infrastructure Fund, as provided. The bill would require the Director of Finance to augment the appropriated amounts in any fiscal year with a corresponding reduction in the subsequent fiscal year or years if needed to provide timely payments for those purposes and upon receipt of an amended transfer schedule provided by the Joint Rules Committee. The bill would require the Joint Rules Committee to confer with the Department of Finance and the Department of General Services or their designated representatives before submitting the amended transfer schedule. The bill would, upon the transfers of the appropriated amounts or the augmented amount specified in the amended transfer schedule, if any, require the Director of Finance to direct the Controller to transfer the entirety of the amount to the Operating Funds of the Assembly and Senate. The bill would, upon the transfer of $700,000,000 from the State Project Infrastructure Fund to the General Fund, as provided, require all remaining amounts in the State Project Infrastructure Fund be transferred to the Operating Funds of the Assembly and Senate for capital outlay projects specified in the annex act. This bill would declare the severability of its provisions. 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. This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.
Bill status signed all 5 stages cleared
Introduction
Jan 2023
Committee Review
Mar 2023
Senate Passage
Mar 2023
Assembly Passage
Jun 2024
Signed into Law
Jul 2024
Introduced Jan 18, 2023 Signed Jul 2, 2024
Floor votes · Senate Mar 27, 2023 · Assembly Jun 27, 2024

How they voted

298
Passed · 3 other
Total votes 40
Mar 27, 2023
D Democratic31
28 Yea 3
90% Yea
R Republican9
1 Yea 8 Nay
88% Nay
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
21
Key actions
6
Committee
2
Amendments
3
Jul 2, 2024
Signed into law
Approved by the Governor.
legislature
Jun 27, 2024
Assembly · Passed
Assembly Vote: pass (59-7-13)
assembly
Jun 26, 2024
Upper · Passed
Assembly amendments concurred in. (Ayes 32. Noes 7. Page 4779.) Ordered to engrossing and enrolling.
upper
Jun 26, 2024
Introduced
In Senate. Concurrence in Assembly amendments pending.
upper
Jun 26, 2024
Lower · Passed
Read third time. Passed. (Ayes 59. Noes 7. Page 6034.) Ordered to the Senate.
lower
Jun 22, 2024
Lower · Passed
From committee with author's amendments. Read second time and amended. Re-referred to Com. on BUDGET.
lower
Mar 30, 2023
Committee
Referred to Com. on BUDGET.
lower
Mar 27, 2023
Upper · Passed
Read third time. Passed. (Ayes 29. Noes 8. Page 510.) Ordered to the Assembly.
upper
Jan 25, 2023
Committee
Referred to Com. on B. & F.R.
upper
Jan 18, 2023
Introduced
Introduced. Read first time. To Com. on RLS. for assignment. To print.
upper
0 primary · 0 co-sponsors

Sponsors

No sponsor information available.