BOARD AGENDA MEMORANDUM
SUBJECT:
Title
Recommended Positions on State Legislation: AB 782 (Berman) California Environmental Quality Act: Exemption for Land Transfers by Public Agencies; and Other Legislation Which May Require Urgent Consideration for a Position by the Board.
End
RECOMMENDATION:
Recommendation
Adopt a position of "Support" on: AB 782 (Berman) California Environmental Quality Act: Exemption for Land Transfers by Public Agencies.
Body
SUMMARY:
AB 782 (Berman) California Environmental Quality Act: Exemption for Land Transfers by Public Agencies. (A-04/02/19)
Position Recommendation: Support
Priority Recommendation: 3
Current law requires the Office of Planning and Research to adopt guidelines for the implementation of the California Environmental Quality Act (CEQA). The guidelines include "categorical exemptions" which provide a list of projects that have been determined not to have a significant effect on the environment. The CEQA guidelines provide a categorical exemption for transfers of ownership in land by a public agency to preserve open space, habitat, or historical resources.
AB 782 would codify the current CEQA categorical exemptions for the acquisition, sale, or other transfer of interest in land by a public agency for certain purposes, or the granting or acceptance of funding by a public agency for those purposes, if the public agency conditions those transactions on environmental review in accordance with CEQA before making physical changes to the transferred land.
The categorical exemptions include the transfer of land for the following purposes:
* Preservation of natural conditions existing at the time of transfer, including plant and animal habitat;
* Restoration of natural conditions, including plants and animals;
* Continuing agricultural use of the land;
* Prevention of encroachment of development into flood plains;
* Preservation of historical resources; and
* Preservation of open space or lands for park purposes.
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