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 Bill Text - AB-854 California Environmental Quality Act: exemptions.

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 |Add To My Favorites |Track Bill | Version: 04/22/25 - Amended Assembly
 04/07/25 - Amended Assembly
 03/24/25 - Amended Assembly
 02/19/25 - Introduced

 AB-854 California Environmental Quality Act: exemptions.(2025-2026)

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 Date Published: 04/22/2025 09:00 PM

AB854:v96#DOCUMENTBill Start

 Amended
 IN 
 Assembly
 April 22, 2025

 Amended
 IN 
 Assembly
 April 07, 2025

 Amended
 IN 
 Assembly
 March 24, 2025

 CALIFORNIA LEGISLATURE—
 2025–2026 REGULAR SESSION

 Assembly Bill

No. 854

Introduced by Assembly Member Petrie-Norris

February 19, 2025

An act to add Sections 21080.38 and Section 21080.39 to the Public Resources Code, relating to environmental quality. 

LEGISLATIVE COUNSEL'S DIGEST

AB 854, as amended, Petrie-Norris.
 California Environmental Quality Act: exemptions.

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 the lead agency 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 exempt from CEQA projects that consist of the inspection, maintenance, repair, restoration, reconditioning,
 reconductoring with advanced conductors, replacement, or removal of a transmission wire or cable used to conduct electricity or other piece of equipment that is directly attached to the wire or cable and that meet certain requirements. If a lead agency determines that a project is exempt from CEQA pursuant to the above provision, the bill would require the lead agency to file a notice of exemption with the Office of Land Use and Climate Innovation and the county clerk in each county in which the project is located, as provided. By increasing the duties of a lead agency, this the bill would impose a state-mandated local program.

The California Endangered Species Act prohibits the taking of an endangered, threatened, or candidate species unless the person has obtained an incidental take permit from the Department
 of Fish and Wildlife.

Existing law prohibits an entity from substantially diverting or obstructing the natural flow of, or substantially changing or using any material from the bed, channel, or bank of, a river, stream, or lake, or deposit or dispose of debris, waste, or other materials where it may pass into a river, stream, or lake unless the Department of Fish and Wildlife receives written notification of the activity and the entity has entered into a lake or stream agreement with the Department of Fish and Wildlife.

The Porter-Cologne Water Quality Control Act requires a California regional water quality control board to prescribe waste discharge requirements for the discharge of pollutants into state waters and authorizes the regional board to prescribe general waste discharge requirements for a category of discharges if the regional board finds or determines that certain criteria apply to the discharges in that
 category.

This bill would exempt from CEQA the issuance of incidental take permits, lake or stream agreements, or waste discharge requirements for renewable energy projects.

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.

Digest Key

 Vote:
 MAJORITY 
 Appropriation:
 NO 
 Fiscal Committee:
 YES 
 Local Program:
 YES 

Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 The Legislature finds and declares all of the following:

(a) California has created ambitious climate and energy goals to achieve a net-zero carbon economy by 2045. The 2022 State Air Resource Resources Board’s scoping plan calls for California to cut air pollution by 71 percen