ABX2 6: California Environmental Quality Act: expedited judicial review: petroleum storage projects.

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.

CEQA authorizes the Governor to certify certain projects, including energy infrastructure projects, as defined, that meet specified requirements, including a requirement that the applicant agrees to pay the costs of preparing the record of proceedings for the project concurrent with review and consideration of the project, as specified, for streamlining benefits related to CEQA, such as the requirement that judicial actions challenging the certification of an EIR and the granting of approval by a lead agency for certified projects, including any potential appeals to the court of appeal or the Supreme Court, be resolved, to the extent feasible, within 270 days after the filing of the certified record of proceedings with the court. CEQA provides that the certification is no longer valid if the lead agency fails to approve the certified project before January 1, 2033.

This bill would revise the definition of energy infrastructure projects to include projects that increase the storage of petroleum products at a refinery meeting certain requirements. Because the bill would impose additional duties on lead agencies in conducting the environmental review of petroleum storage projects that are certified by the Governor, including the concurrent preparation of the record of proceedings, 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.