AMENDED IN ASSEMBLY JANUARY 24, 2022
AMENDED IN ASSEMBLY JANUARY 3, 2022
AMENDED IN ASSEMBLY APRIL 20, 2021
AMENDED IN ASSEMBLY MARCH 15, 2021
california legislature—2021–22 regular session
ASSEMBLY BILL No. 1001
Introduced by Assembly Member Cristina Garcia
(Coauthor: Assembly Member Reyes)
February 18, 2021
An act to add Sections 21081.8 and 21098.5 to the Public Resources Code, relating to the environment.
legislative counsel’s digest
AB 1001, as amended, Cristina Garcia . Environment: mitig ation measures for air and water quality impacts: environmental justice.
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 en vironmental 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 ne gative 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 ha ve a significant effect on the environment if revisions in the project would avoid or mitig ate that effect and there is no substantial e vidence that the project, as re vised, w ould ha ve a significant ef fect on the environment.
95 This bill would require authorize mitigation measures, identified in an environmental impact report or mitig ated negative declaration to mitigate the adv erse effects of a project on air or w ater quality of a disadvantaged community, to include measures for avoiding, minimizing, or compensating for the adver se effects on that community . The bill would require compensating measures, included as mitigation measures, to mitig ate those ef fects directly in the af fected disadv antaged community. The bill would require all public agencies, in implementing CEQA, to act consistently with give consideration to the principles of environmental justice, as provided, by ensuring the fair treatment and meaningful involvement of people of all races, cultures, incomes, and national origins. Because the bill w ould impose additional duties on the lead agency, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimb urse 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.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 21081.8 is added to the Public Resources line 2 Code, to read:
line 3 21081.8. (a) For projects that have adverse effects on the air line 4 or w ater quality of a disadv antaged community as identified line 5 pursuant to Section 39711 of the Health and Safety Code, line 6 mitigation measures identified in an environmental impact report line 7 or mitigated negative declaration to mitigate those adverse effects line 8 shall may include measur es for avoiding , minimizing , or line 9 compensating for the adverse effects on that community. line 10 (b) If the mitigation measures include compensating for adverse line 11 effects on the air or water quality of a disadvantaged community, line 12 the compensating measures shall mitigate those effects directly in line 13 the affected disadvantaged communities.
line 14 SEC. 2. Section 21098.5 is added to the Public Resources Code, line 15 to read:
line 16 21098.5. In implementing this di vision, all public agencies line 17 shall act consistently with give consideration to the principles of 95 — 2 — AB 1001
line 1 environmental justice, as set forth in subdi vision (e) of Section line 2 65040.12 of the Government Code, by ensuring the fair treatment line 3 and meaningful in volvement of people of all races, cultures, line 4 incomes, and national origins.
line 5 SEC. 3. No reimbursement is required by this act pursuant to line 6 Section 6 of Article XIIIB of the California Constitution because line 7 a local agency or school district has the authority to le vy service line 8 charges, fees, or assessments sufficient to pay for the program or line 9 level of service mandated by this act, within the meaning of Section line 10 17556 of the Government Code.
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95 AB 1001 — 3 —