AB 2038: California Environmental Quality Act: environmental impact report: substantial evidence.
- Session Year: 2015-2016
- House: Assembly
- Latest Version Date: 2016-02-16
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.
This bill would make nonsubstantive changes to those provisions.
(a)The lead agency shall determine whether a project may have a significant effect on the environment based on substantial evidence in light of the whole record.
(b)The existence of public controversy over the environmental effects of a project shall not require preparation of an environmental impact report if there is no substantial evidence in light of the whole record before the lead agency that the project may have a significant effect on the environment.
(c)Argument, speculation, unsubstantiated opinion or narrative, evidence which that is clearly inaccurate or erroneous, or evidence of social or economic impacts which that do not contribute to, or are not caused by, physical impacts on the environment, is not substantial evidence. Substantial evidence shall include facts, reasonable assumptions predicated upon facts, and expert opinion supported by facts.
(d)If there is substantial evidence, in light of the whole record before the lead agency, that a project may have a significant effect on the environment, an environmental impact report shall be prepared.
(e)Statements in an environmental impact report and comments with respect to an environmental impact report shall not be deemed determinative of whether the project may have a significant effect on the environment.
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Date
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Status
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| Feb 16, 2016 | Read first time. To print. |
| Feb 17, 2016 | From printer. May be heard in committee March 18. |
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