AB 2170: California Environmental Quality Act: overburdened communities: notices and hearings: translations.

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. Existing law requires a lead agency to be responsible for determining whether the project is exempt from CEQA and whether an environmental impact report, negative declaration, or mitigated negative declaration is required, as provided. Existing law, for certain projects, establishes a ministerial review process with modified environmental assessment procedures, as provided.

This bill, notwithstanding the above-described provisions relating to determinations by a lead agency, would require an environmental impact report, negative declaration, or mitigated negative declaration declaration, as determined by the lead agency, for any project, except as provided, that includes the development, operation, substantial modification, intensification, or substantial expansion of a an industrial use if the project on land that is zoned to allow industrial uses and is is located in or within 1 / 2 ¹/₂ mile of an overburdened community, as defined. The bill would disqualify these projects from receiving a statutory exemption or ministerial review process. Because a lead agency would be required to determine the applicability of this requirement, the bill would impose a state-mandated local program.

This bill would require, on and after July 1, 2027, specified categories of documents and information notices prepared pursuant to the requirements of CEQA to be translated into all threshold languages, as defined, in the city or county where the project is located to ensure meaningful involvement of all impacted people. Because this bill would impose additional requirements on a lead agency, the bill would impose a state-mandated local program. The bill would require the Office and Land Use and Climate Innovation, by July 1, 2027, to develop guidelines for this requirement, and would require the guidelines to allow lead agencies to develop a procedure for an interested party to request that interpretation services be made available, as specified. The bill would authorize the lead agency, if it develops that procedure, to require mandatory interpretation services only when a request has been made in advance of the hearing or meeting.

This bill would require the lead agency to, among other things, provide a notice of any public hearing subject to the above-described requirements to owners and occupants of property located within 1 / 2 ¹/₂ half mile of any parcel or parcels, and to any school located within one mile of any parcel or parcels, of a project site, not less than 60 30 days before the public hearing. The bill would require this public hearing to include oral translation services in all threshold languages spoken in the city or county, as provided. Because this bill would impose additional requirements on a lead agency, the bill would impose a state-mandated local program. The bill would prohibit a minor inaccuracy in the translation of a document notice or hearing from being a basis for invalidation of a public agency decision, unless the inaccuracy is found to preclude informed decisionmaking or informed public participation, relevant information from being presented to the public, as provided, and would require the guidelines adopted by the office to align with this prohibition. provided.

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.