SB 231: California Environmental Quality Act: guidelines.

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 requires the Office of Land Use and Climate Innovation, formerly named the Office of Planning and Research, to prepare and develop, and the Secretary of the Natural Resources Agency to certify and adopt, guidelines for the implementation of CEQA. CEQA requires the guidelines to specifically include criteria for public agencies to follow in determining whether or not a proposed project may have a significant effect on the environment.

This bill would require, on or before July 1, 2027, the Office of Land Use and Climate Innovation to prepare and develop, and the Secretary of the Natural Resources Agency to certify and adopt, guidelines in Appendix O of the CEQA guidelines to establish best practices for public agencies to follow in determining whether or not a proposed project may have a significant effect on the environment when completing Appendix G of the CEQA guidelines. The bill would require the best practices to consider, and include identifiable thresholds of significance based on, specified state and federal environmental laws. The bill would authorize the office, in developing those guidelines, to consult with local, regional, state, and federal agencies that have authority and expertise on those subjects.