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

Plain English Breakdown

The bill text does not provide specific details on how lead agencies will determine which projects are near overburdened communities.

California Environmental Quality Act: Overburdened Communities

AB-2170 requires lead agencies to prepare environmental impact reports or negative declarations for industrial projects near overburdened communities and mandates translation of notices and hearings into local languages.

What This Bill Does

• Requires a lead agency to create an environmental impact report, negative declaration, or mitigated negative declaration for any project involving the development, operation, substantial modification, intensification, or substantial expansion of industrial use within half a mile of an overburdened community.
• Disqualifies these projects from receiving statutory exemptions or ministerial review processes under the California Environmental Quality Act (CEQA).
• Requires notices and information related to CEQA requirements to be translated into local languages starting July 1, 2027, to ensure meaningful public involvement.
• Ensures that public hearings for affected projects include oral translation services in all relevant languages spoken in the area.
• Prohibits minor inaccuracies in translations from invalidating public agency decisions unless they prevent informed decision-making or public participation.

Who It Names or Affects

• Lead agencies responsible for environmental reviews of industrial projects near overburdened communities.
• Residents and businesses located within half a mile of the project site.
• Schools within one mile of the project site.
• People who speak languages other than English in areas where these projects are proposed.

Terms To Know

Overburdened community

A community that has been disproportionately affected by environmental pollution and hazards, leading to negative public health impacts.

Threshold languages

Languages spoken in significant numbers within a city or county where the project is located.

Limits and Unknowns

• The bill does not specify how lead agencies will determine which projects are near overburdened communities.
• It remains unclear what specific guidelines the Office of Land Use and Climate Innovation will develop for translation requirements.

Official Summary Text

AB 2170, as amended, Boerner.
California Environmental Quality Act: overburdened communities:
documents and information:
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.

Current Bill Text

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