California AB 2152

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 authorizes the Governor to certify projects meeting certain requirements as infrastructure projects and provide those certified projects with certain streamlining benefits, including requiring the lead agency to prepare the record of proceedings concurrently with the environmental review process and requiring the resolution of an action or proceeding challenging the certification of an EIR for certified projects or the granting of any project approvals, to the extent feasible, within 270 days of the filing of the record of proceedings with the court, as specified. Existing law requires the lead agency, within 10 days of the certification of an infrastructure project, to provide a public notice of the certification, as provided. If a lead agency fails to approve a project certified as an infrastructure project before January 1, 2033, existing law specifies that the certification is no longer valid. Existing law requires the Office of Land Use and Climate Innovation to make evidence and materials submitted for the certification of a project available to the public on its internet website at least 15 days before the certification of the project. This bill would also authorize the Governor to certify an essential local fire station project for streamlining as an infrastructure project if the Governor ensures that the project meets specified requirements, including, among others, that the applicant agrees to pay the costs of the trial court and the court of appeal in hearing and deciding any case challenging a lead agency's action on the project, and the applicant agrees to pay the costs of preparing the record of proceedings for the project, as specified. The bill would require a project to meet specified requirements to be eligible for certification as an essential local fire station project, including, among other things, (1) that the project is being undertaken by a city, county, city and county, or local fire agency, as provided, (2) that the project is not located on specified sensitive or hazardous sites, as described, and (3) that the project will employ best practices to avoid or mitigate significant environmental effects, as provided. The bill would require the Office of Land Use and Climate Innovation, for an essential local fire station project, to provide the Governor's office with evidence and materials to support consideration of the application no later than 45 days after the Office of Land Use and Climate Innovation posts the evidence and materials submitted for certification on its internet website.