Bill Text: CA AB1719 | 2023-2024 | Regular Session | Amended
Bill Title: Cannabis: California Environmental Quality Act.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2024-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB1719 Detail]
Download: California-2023-AB1719-Amended.html
|
Amended
IN
Assembly
March 16, 2023 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 1719
| Introduced by Assembly Member Bonta |
February 17, 2023 |
LEGISLATIVE COUNSEL'S DIGEST
AB 1719, as amended, Bonta.
Commercial cannabis activity. Cannabis: California Environmental Quality Act.
The Control, Regulate and Tax Adult Use of Marijuana Act (AUMA), an initiative measure, authorizes a person who obtains a state license under AUMA to engage in commercial adult-use cannabis activity pursuant to that license and applicable local ordinances. The Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), among other things, consolidates the licensure and regulation of commercial medicinal and adult-use cannabis activities, and requires the Department of Cannabis Control to administer its provisions. MAUCRSA requires an applicant for a state license to provide certain information regarding the proposed premises where the license privileges will be exercised, as specified, and prohibits a licensee from materially or substantially altering the premises, or the use of the premises,
unless approved by the department, as specified.
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 makes various statutory exemptions from its requirements and requires the Office of Planning and Research to prepare and develop, and the Secretary of the Natural Resources Agency to certify and adopt, CEQA implementation guidelines that include, among other things, a list of categorical exemptions.
This bill would provide that CEQA does not apply to specified actions taken by the department or a local jurisdiction that authorize commercial cannabis activity consisting of retail, distribution,
manufacture, or laboratory testing, if specified conditions related to the premises are met.
The Control, Regulate and Tax Adult Use of Marijuana Act (AUMA), an initiative measure approved as Proposition 64 at the November 8, 2016, statewide general election, authorizes a person who obtains a state license under AUMA to engage in commercial adult-use cannabis activity pursuant to that license and applicable local ordinances. The Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), among other things, consolidates the licensure and regulation of commercial medicinal and adult-use cannabis activities.
This bill would declare the intent of the Legislature to enact legislation pertaining to commercial cannabis activity.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 26000.5 is added to the Business and Professions Code, to read:26000.5.
Without limiting any other statutory exemption or categorical exemption, Division 13 (commencing with Section 21000) of the Public Resources Code does not apply to either of the following:(a) The issuance of a state license by the department, or the issuance of a license, permit, or other authorization by a local jurisdiction, for commercial cannabis activity consisting of retail, distribution, manufacture, or laboratory testing, or any combination thereof, if all of the following conditions are met:
(1) The premises subject to the license, permit, or other authorization is located within a zone where commercial or industrial are a principally permitted use.
(2) The local jurisdiction in which the premises is located has determined that the applicant satisfies all applicable requirements necessary for the local jurisdiction to issue a license, permit, or other authorization for the commercial cannabis activity.
(3) The commercial cannabis activity is or will be conducted within one or more existing structures, or within an addition to an existing structure if such addition will not result in an increase of more than either of the following, as applicable:
(A) Fifty percent of the floor area of the structure before the addition, or 2,500 square feet, whichever is less.
(B) Ten thousand square feet if the premises is in an area where all necessary public services and facilities are available and the surrounding
area is not environmentally sensitive.
(b) The adoption or amendment of an ordinance, rule, or regulation by a local jurisdiction authorizing the issuance of licenses, permits, or other authorizations for commercial cannabis activity consisting of retail, distribution, manufacture, or laboratory testing, or any combination thereof, if all of the conditions specified in subdivision (a) are met.
Is the intent of the Legislature to enact legislation pertaining to commercial cannabis activity.
