AB 2152

AB2152:v98#DOCUMENT

Bill Start

CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

Assembly Bill

No. 2152

An act to add Section 21080.74 21080.74.5 to the Public Resources Code, relating to environmental quality.

LEGISLATIVE COUNSEL'S DIGEST

AB 2152, as amended, Mark González. California Environmental Quality Act: exemption: fire stations. essential local fire station projects: judicial streamlining.

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.

This bill would exempt from the requirements of CEQA a project, activity, or approval necessary for, or incidental to, the planning, design, site acquisition, construction, rehabilitation, or maintenance of a fire station of a public fire agency if the project is not located at certain sites and all construction, rehabilitation, and maintenance contracts in excess of $50,000 for the project are covered by a project labor agreement, as defined. The bill would require the lead agency, upon a determination that a project, activity, or approval is exempt from CEQA pursuant to these provisions, to file a notice of exemption with specified content with the Office of Land Use and Climate Innovation, as provided. Because the bill would impose additional duties on a lead agency in regards to the exemption, 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.

This bill would authorize an essential local fire station project, as defined, to be eligible for judicial streamlining, if the lead agency, at its discretion, makes specified determinations based upon substantial evidence in the record regarding the project, including the determination that the project will employ best practices to avoid or mitigate significant environmental effects, as provided. The bill would require the lead agency, upon determination that a project, activity, or approval is eligible for judicial streamlining pursuant to these provisions, to file a notice of determination with specified content with the Office of Land Use and Climate Innovation, as provided. The bill would require the Judicial Council to, on or before July 1, 2027, adopt rules of court that apply to any action or proceeding brought to attack, review, set aside, void, or annul the certification of an environmental impact report, mitigated negative declaration, or negative declaration for an essential local fire station project, including any potential appeals to the court of appeal or the Supreme Court, to be resolved, to the extent feasible, within 365 calendar days of the filing of the certified record of proceedings with the court.

Digest Key

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

Bill Text

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

SECTION 1.Section 21080.74 is added to the Public Resources Code, to read:

21080.74.

(a)This division does not apply to a project, activity, or approval necessary for, or incidental to, the planning, design, site acquisition, construction, rehabilitation, or maintenance of a fire station of a public fire agency if the project is not located in any of the following sites:

SECTION 1.

Section 21080.74.5 is added to the Public Resources Code, to read:

21080.74.5.

(a) At the discretion of a lead agency, an essential local fire station project may be eligible for judicial streamlining pursuant to this section if the lead agency makes, based upon substantial evidence in the record, all of the following determinations:

(1) The project is not located on any of the following sites:

(1)

(A) Prime farmland, farmland of statewide importance, or unique farmland as designated by the Department of Conservation.

(2)

(B) Wetlands, as defined in Section 328.3 of Title 33 of the Code of Federal Regulations.

(3)

(C) A hazardous waste site that is included on any list compiled pursuant to Section 65962.5 of the Government Code.

(4)

(D) A floodplain, as mapped by the Federal Emergency Management Agency, unless the project includes adequate flood protection as determined by the lead agency.

(5)

(E) Within a delineated earthquake fault zone, as determined by the State Geologist, in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code), and by any local building department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2 of the Government Code.

(6)

(F) Lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), a habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), or other adopted natural resource protection plan.

(7)

(G) Habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code).

(8)

(H) Lands under conservation easement.

(2) The project will employ best practices, as compared to similar fire station projects previously reviewed under this division, to avoid or mitigate significant environmental effects, including those environmental effects from noise, traffic, and hazardous materials.

(b)A project shall not be exempt from this division pursuant to this section unless all

(3) The project’s construction, rehabilitation, and maintenance contracts in excess of fifty thousand dollars ($50,000) for the project are covered by a project labor agreement, as that term is defined in Section 2500 of the Public Contract Code.

(c)(1)Before determining that a project is exempt pursuant to this section, the lead agency shall determine, based upon substantial evidence in the record, that the project satisfies the criteria for exemption in subdivisions (a) and (b).

(2)

(b) (1) In making a determination under this section, the lead agency may rely on publicly available maps and data from state or federal agencies and shall not be required to prepare biological surveys, geotechnical studies, or other technical analyses.

(3)

(2) The lead agency shall maintain documentation supporting that determination as part of the record of proceedings for the project.

(c) The lead agency shall prepare and certify the record of proceeding pursuant to Section 21167.6.2.

(d) Upon determining making a determination that a project, activity, or approval is exempt eligible for judicial streamlining pursuant to this section, the lead agency shall file a notice of exemption determination described in subdivision (b) of Section 21108 or subdivision (b) of Section 21152, as applicable, with the Office of Land Use and Climate Innovation and the notice shall include a brief description of how the project satisfies the criteria for exemption in subdivision (a).

(e) On or before July 1, 2027, the Judicial Council shall adopt rules of court that apply to any action or proceeding brought to attack, review, set aside, void, or annul the certification of an environmental impact report, mitigated negative declaration, or negative declaration for an essential local fire station project, including any potential appeals to the court of appeal or the Supreme Court, to be resolved, to the extent feasible, within 365 calendar days of the filing of the certified record of proceedings with the court.(f) For purposes of this section, an “essential local fire station project” or “project” means a project undertaken by a city, county, or local fire agency to plan, design, and acquire property for, and construct, rehabilitate, or maintain, a fire station.

SEC. 2.

No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because this act provides for offsetting savings to local agencies or school districts that result in no net costs to the local agencies or school districts, within the meaning of Section 17556 of the Government Code.