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 defines various terms, including "natural and protected lands" for its purposes. This bill would revise the definition of that term to include habitats for protected species identified as candidate, sensitive, or species of special status by state or federal agencies. CEQA exempts from its requirement projects that consist exclusively of a day care center that is not located in a residential area and projects that consist exclusively of an advanced manufacturing facility located on a site zoned exclusively for industrial uses. This bill would additionally exempt projects consisting exclusively of a family day care home, as defined. The bill would, for the exemption for the day care center and family day care home, instead require the projects for those facilities not be located in an area zoned for industrial use or within 3,200 feet of a facility that actively extracts or refines oil or natural gas in order for the exemption to apply. The bill would revise the exemption for advanced manufacturing facility projects to require those projects to be used exclusively for final tier manufacturing, as defined. The bill would require an applicant of an advanced manufacturing project that is exempted from CEQA under the bill's requirement to enter into a bona fide community benefits agreement, as provided, and to comply with certain labor requirements, as provided. The bill would require the lead agency, before determining that an advanced manufacturing project is exempt from CEQA, to hold at least one public hearing on the project and to ensure that the applicant complies with the requirement to enter into a bona fide community benefits agreement and the labor requirements. CEQA exempts from its requirements a rezoning that implements the schedule of actions contained in an approved housing element. CEQA specifies that this exemption does not apply to a rezoning that would allow for the construction of certain facilities, including oil and gas infrastructure. CEQA also specifies that this exemption does not apply rezoning that would allow for construction to occur within the boundaries of any natural and protected lands, except as provided. This bill would repeal the exception from the CEQA exemption for rezoning that would allow for oil and gas infrastructure. The bill would specify that the definition of "natural and protected land" does not include habitats for protected species that would be added to that definition by this bill for purposes the exception for rezoning that would allow for construction to occur within the boundaries of any natural and protected lands to the CEQA exemption. CEQA specifies, for a proposed housing development project that would otherwise be exempt from its requirements but for a single condition required for the exemption to apply, that the application of CEQA is limited to the effects upon the environment that are caused by that single condition. CEQA provides that this limited application of CEQA does not apply if the proposed housing project is located on natural and protected land, but does not include "natural and protected land" that is a site within a very high fire hazard severity zone or within the state responsibility area, except as provided. This bill would additionally specify that "natural and protected land" does not include habitats for protected species that would be added to that definition by this bill. Because the bill would imposes additional duties on a lead agency, 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.
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, until January 1, 2033, exempts from its requirements certain actions for affordable housing projects that meet specified requirements, including confirmation by a public agency that, among other things, the project site satisfies specified requirements and a vacant project site does not contain tribal cultural resources that could be affected by the development that were found pursuant to a consultation and the effects of which cannot be mitigated, as provided. This bill would extend the operation of the above-described exemption to January 1, 2037, and would expand the exemption to also include a public university or public college housing project, as defined, that meets specified requirements. Because the bill would extend the operation of the exemption and would increase duties on a lead agency related to the expansion of this exemption, the 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.
Existing law, the Uniform Controlled Substances Act, authorizes the forfeiture and seizure of property involved in, or purchased with the proceeds from, a controlled substance offense. Existing law authorizes a police or sheriff's department, the Department of Justice, or the Department of the California Highway Patrol to, with an order from the court, destroy controlled substances, instruments, or paraphernalia, as specified. This bill would require the Department of Justice, upon an appropriation by the Legislature, and in consultation with the Department of Toxic Substances Control and other relevant state and local agencies, to develop and publish guidance, on the Department of Justice's internet website, for proper management and disposal of controlled substances in the possession of law enforcement, as specified.
(1) Existing state and federal law provides for the enforcement of laws related to elections. This bill would prohibit a peace officer from interfering with the administration of an election, as specified. This bill would authorize certain persons to enforce those prohibitions by filing a civil action, as specified. This bill would also prohibit any individual from permitting an agent of a law enforcement agency, as specified, to access, disrupt, modify, or take possession of rosters, combined rosters, or voter lists unless authorized by a court order or to investigate certain types of voting fraud. The bill would additionally require the Attorney General to provide guidance and information regarding how to respond to requests by law enforcement, as defined, to access areas where ballots are present. (2) Existing law requires an elections official, upon receiving a vote by mail ballot, to compare the signature on the identification envelope with the voter's prior signatures, and it also provides a mechanism by which a voter can verify their signature and cure this defect. Existing law provides that the processing of vote by mail ballots is open to the public and permits specified persons and organizations to observe this processing. This bill would prohibit a vote by mail observer from challenging a signature on a vote by mail ballot that has been verified by the voter. (3) Under existing law, it is a crime for a person in possession of a firearm, a uniformed peace officer, private guard, or security personnel, or any person wearing the uniform of a peace officer, guard, or security personnel, to be stationed in the immediate vicinity of, or posted at, a polling place without authorization from the appropriate elections official. It is also a crime for a person to hire or arrange for such a person to be stationed in the immediate vicinity of, or posted at, a polling place without authorization from the elections official. This bill would authorize the Secretary of State or Attorney General to object to authorization provided by the appropriate elections official, in which case the person stationed or posted at the polling place, or the person who hired or arranged for such a person to be stationed or posted at the polling place, is guilty of a crime. By expanding the scope of these crimes, the bill would create a state-mandated local program. (4) Existing law authorizes the Secretary of State, Attorney General, and any local elections official in the county in which the act occurs, to bring a civil action against an individual, business, or other legal entity that commits any specified act of tampering with a voting system or voting equipment before, during, or after an election. This bill would additionally authorize the Secretary of State, Attorney General, and the appropriate local elections official to bring a civil action against a person, business, or entity that takes a package containing ballots from the custody of an elections official. (5) Existing law makes it a crime for an individual to undertake a number of enumerated actions that would result in interference with an election, including displaying a container for the purpose of collecting ballots with the intent to deceive a voter into casting a ballot in an unofficial ballot box. This bill would also make it a crime to take a package containing voted ballots out of the custody of an elections official. By expanding the scope of this crime, the bill would impose a state-mandated local program. (6) Existing law requires the elections official of any county or city using a voting system to inspect the machines or devices at least once every 2 years. This bill would prohibit an individual from permitting an agent of a law enforcement agency, as defined, to access, disrupt, modify, or take possession of certified voting technology unless authorized by a court order. To the extent this bill would establish new procedures for the conduct of elections, it would create a state-mandated local program. (7) 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. (8) This bill would declare that it is to take effect immediately as an urgency statute.
Existing law prohibits a person, a state or local governmental agency, or a public utility from substantially diverting or obstructing the natural flow of, or substantially changing or using any material from the bed, channel, or bank of, any river, stream, or lake, or depositing or disposing of debris, waste, or other material containing crumbled, flaked, or ground pavement where it may pass into any river, stream, or lake, unless prescribed requirements are met, including written notification to the Department of Fish and Wildlife regarding the activity. Existing law requires the department to determine whether the activity may substantially adversely affect an existing fish and wildlife resource and, if so, to provide a draft lake or streambed alteration agreement to the person, agency, or utility. Existing law prescribes various requirements for lake and streambed alteration agreements. Existing law also establishes various exemptions from these provisions. This bill would, until January 1, 2027, exempt from these provisions, subject to certain requirements, projects to repair or reconstruct a bridge 30 feet long or less or a culvert 70 feet long or less within the County of Sutter that has been damaged or destroyed as a result of fire, flood, storm, earthquake, land subsidence, gradual earth movement, or landslide, between January 1, 2022, and December 31, 2024, inclusive, except as specified. This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Sutter.
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, until January 1, 2030, exempts from its requirements active transportation plans, pedestrian plans, or bicycle transportation plans for the restriping of streets and highways, bicycle parking and storage, signal timing to improve street and highway intersection operations, and the related signage for bicycles, pedestrians, and vehicles. This bill would extend the operation of the above-mentioned exemption indefinitely. The bill would also exempt a transit comprehensive operational analysis, as defined, a transit route readjustment, or other transit agency route addition, elimination, or modification, from the requirements of CEQA. Because a lead agency would be required to determine whether a plan qualifies for this exemption, the bill would impose a state-mandated local program. CEQA, until January 1, 2030, exempts from its requirements certain transportation-related projects, such as pedestrian and bicycle facilities, transit prioritization projects, public projects located on a site that is wholly within the boundaries of an urbanized area or urban cluster, as provided, for the institution or increase of bus rapid transit, bus, or light rail service, including the construction or rehabilitation of stations, terminals, or existing operations facilities, and public projects for the construction or maintenance of infrastructure of facilities to charge, refuel, or maintain zero-emission public transit buses, trains, or ferries, as provided. CEQA requires, except as provided, those exempted projects to be carried out by a local agency and meet certain requirements, including certain labor requirements. This bill would extend the operation of the above-mentioned exemption until January 1, 2040. The bill would exempt from the requirements of CEQA a public project for the protection and improvement of bus rapid transit, bus, or light rail service, including the protection, operation, and maintenance, public projects for the protection, improvement, institution, or increase of microtransit, paratransit, shuttle, and ferry, and for the protection, maintenance, construction, operation, or rehabilitation of stops that will be exclusively used by zero-emission, near-zero-emission, low oxide of nitrogen engine, compressed natural gas fuel, fuel cell, or hybrid powertrain vehicles, rail or cable cars, rolling stock, or vessels. The bill would, until January 1, 2032, exempt from the requirements of CEQA a public project for the protection, improvement, institution, or increase of microtransit, paratransit, shuttle, bus, ferry, bus rapid transit, or light rail service, including the protection, maintenance, construction, operation, or rehabilitation of stops, stations, terminals, or existing operations facilities, if used primarily by near-zero-emission, low oxide of nitrogen engine, compressed natural gas fuel, or hybrid powertrain vehicles, except as provided. The bill would exclude from this exemption certain public projects for the construction or rehabilitation of a ferry terminal, as provided, and, except as provided, public projects for transit services operated by a transportation network company, as defined. Because a lead agency would be required to determine whether a project qualifies for this exemption, the bill would impose a state-mandated local program. CEQA exempts from its requirements a project that consists exclusively of a combination of any of the components of specified transportation-related projects. This bill would extend the operation of the above-mentioned exemption until January 1, 2040. The bill would, until January 1, 2040, exempt from the requirements of CEQA a project that combines any of those specified transportation-related projects and a housing development project that is either subject to a nondiscretionary approval or is exempt from CEQA, as provided. Because a lead agency would be required to determine whether a project qualifies for this exemption, the bill would impose a state-mandated local program. Existing law exempts from the requirements of CEQA public projects for the institution or increase of passenger rail service, other than light rail service that is eligible for a specified exemption, including the construction or rehabilitation of stations, terminals, or existing operations facilities, which will be exclusively used by zero-emission trains. This bill would extend the operation of the above-mentioned exemption until January 1, 2040. The bill would exempt from the requirements of CEQA public projects for the improvement of passenger rail service, other than light rail service eligible for a specified exemption, including the maintenance of stations, terminals, or existing operations facilities, which will be exclusively used by zero-emission trains, public projects for the maintenance, construction, or rehabilitation of stations, terminals, or existing operations facilities which will be exclusively used by zero-emission certified Tier 4 or cleaner rolling stock or locomotives, as provided. The bill would exclude from this exemption public projects located in certain air basins for the maintenance, construction, or rehabilitation of stations, terminals, or existing operations facilities that will be used by certified Tier 4 or cleaner rolling stock or locomotives that are not zero-emission rolling stock or locomotives. Because a lead agency would be required to determine whether a project qualifies for this exemption, the bill would impose a state-mandated local program. Existing law requires certain CEQA-exempt projects exceeding specified dollar amounts to meet certain criteria, as provided. This bill would instead require certain CEQA-exempt projects that are, based on the project engineer's cost estimate, anticipated to exceed a specified dollar amount, to meet certain criteria, as provided. The bill would require the Office of Land Use and Climate Innovation, beginning January 1, 2026, and every two years thereafter, to adjust these amounts to reflect changes in the Consumer Price Index, as provided, and publish the updated amounts on its internet website. The bill would authorize the Office of Land Use and Climate Innovation to implement, interpret, or make specific that provision without taking any regulatory action. This bill would declare that its provisions are severable. 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.
Existing law, the Mello-Roos Community Facilities Act of 1982, authorizes the legislative body of a local agency, as defined, to create a community facilities district to finance specified types of services within an area. Existing law prohibits a territory that is dedicated or restricted to agricultural, open-space, or conservation uses from being included within or annexed to a specified community facilities district without the landowner's consent. This bill would, notwithstanding those prohibitions, specify that for territory that is located within the regional shoreline of the County of San Mateo, the consent of a landowner is not required, if specified conditions are met. This bill would make legislative findings and declarations as to the necessity of a special statute for the County of San Mateo.
(1) 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 (EIR) 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, the Climate Corporate Data Accountability Act, requires, on or before July 1, 2025, the State Air Resources Board to develop and adopt regulations to require a reporting entity, defined to mean a corporation, partnership, limited liability company, or other business entity with total annual revenues in excess of $1 billion, as specified, to annually disclose to the emissions reporting organization, as defined, or the state board all of the reporting entity's scope 1 emissions, scope 2 emissions, and scope 3 emissions, as defined. Existing law requires the state board to adopt regulations that authorize it to seek administrative penalties for nonfiling, late filing, or other failure to meet the requirements of the act, as provided. This bill would exempt those regulations from CEQA. Existing law requires, on or before January 1, 2026, and biennially thereafter, a covered entity, defined to mean a corporation, partnership, limited liability company, or other business entity with total annual revenues in excess of $500,000,000, as specified, to prepare a climate-related financial risk report, as specified, and to make this report available to the public on its own internet website. Existing law requires the state board to adopt regulations that authorize it to seek administrative penalties from a covered entity that fails to make the report publicly available on its internet website or publishes an inadequate or insufficient report. This bill would exempt those regulations from CEQA. (2) This bill would appropriate from the Greenhouse Gas Reduction Fund $1,000 to the State Air Resources Board for purposes of implementing the above-described provisions relating to climate corporate accountability and climate-related financial risk, as provided. (3) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.
Existing law, the California Endangered Species Act, prohibits the taking of an endangered or threatened species, except in certain situations, including, if specified conditions are met, under a permit issued by the Department of Fish and Wildlife commonly known as an incidental take permit. Existing law also enumerates fully protected species and prohibits the take of fully protected species, except under limited circumstances. This bill would permit the department to authorize, under the California Endangered Species Act, the incidental take of specified fully protected species resulting from impacts attributable to a specified project on State Route 37, if certain conditions are met, including, among others, the conditions required for the issuance of an incidental take permit.
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 from its requirements a change in use approved by a lead agency that is a park district or the Great Redwood Trail Agency to allow public access to preexisting paved and natural surface roads, preexisting trails, preexisting pathways, preexisting disturbed areas for vehicle parking, as specified, and rail lines converted by the Great Redwood Trail Agency into trails known as the Great Redwood Trail, in areas used exclusively for nonmotorized recreation, if certain conditions are met, including that the change in use is consistent with a plan adopted by the park district or the Great Redwood Trail Agency, as applicable, and does not involve a physical alteration of the affected area. Existing law requires, before making a determination to approve or carry out a change in use that is determined to be exempt from CEQA, the lead agency to, among other things, make a finding that the above-described criteria are met. Existing law requires the lead agency, if the lead agency determines that a change in use is not subject to CEQA pursuant to this exemption and determines to approve or carry out the activity, to file a notice with the State Clearinghouse in the Office of Land Use and Climate Innovation and with the county clerk of the county in which the land is located, as provided. This bill would extend the above exemption to a lead agency that is a county park agency. The bill would remove the condition that the change in use is consistent with a plan adopted by the park district or the Great Redwood Trail Agency, as applicable, and would instead require the lead agency, before making the exemption determination, to adopt a natural resource management plan, or equivalent document, that includes appropriate identification of resources and management strategies for the affected area, as specified. The bill would instead require, as a condition of this exemption, that the change in use only involves minimal physical alterations and minimal improvements to the affected area, as specified. The bill would require the lead agency to make an additional finding that there is sufficient funding to implement the natural resource management plan, or equivalent document, and would require the finding, as well as the finding that the above-described criteria are met, to be based on substantial evidence. The bill would provide that its provisions do not apply where it is reasonably foreseeable that the provision of public access within a park or open space area will have a significant or cumulatively considerable effect on the environment. By imposing duties on public agencies related to the exemption, this bill would create 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.
