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.
Under CEQA, when a regulatory program of a state agency requires a plan or other written documentation containing environmental information, includes a description of the proposed activity with alternatives to the activity, and mitigation measures, as specified, and is available for a reasonable time for review and comment, as specified, that plan or other written documentation may be submitted in lieu of an environmental impact report if the Secretary of the Natural Resources Agency has certified the regulatory program, as provided.
This bill would require the State Board of Forestry and Fire Protection to adopt regulations to implement defensible space requirements for an ember-resistant zone required within 5 feet of a structure in a state responsibility area and a very high fire hazard severity zone, as specified. The bill would require the regulations to follow a specified rulemaking process and be adopted as emergency regulations. The bill would require the Office of Administrative Law to consider the adoption of initial regulations as necessary for the immediate preservation of the public peace, health, safety, and general welfare. The bill would require the Secretary of the Natural Resources Agency to verify the regulations as a certified regulatory program for purposes of CEQA, as specified.