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AB-404 • 2026

California Environmental Quality Act: exemption: prescribed fire, reforestation, habitat restoration, thinning, or fuel reduction projects.

California Environmental Quality Act: exemption: prescribed fire, reforestation, habitat restoration, thinning, or fuel reduction projects.

Education
Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
Sanchez
Last action
2026-02-02
Official status
From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.
Effective date
Not listed

Plain English Breakdown

The official source does not provide specific details about the nature of the new requirements on local agencies or how these projects will be funded beyond the exemption extension.

California Environmental Quality Act: Exemption for Certain Projects

AB-404 extends the exemption from California's environmental law requirements for prescribed fire, reforestation, habitat restoration, thinning, or fuel reduction projects on federal lands indefinitely.

What This Bill Does

  • Extends an existing exemption for prescribed fire, reforestation, habitat restoration, thinning, or fuel reduction projects on federal land until January 1, 2028 and then indefinitely.
  • Requires lead agencies to file a notice of exemption and post it online if they approve these exempted projects.

Who It Names or Affects

  • Lead agencies responsible for approving or carrying out projects on federal lands.

Terms To Know

California Environmental Quality Act (CEQA)
A law that requires government agencies to analyze and disclose potential environmental impacts of projects they approve or carry out.
Lead agency
The main government body responsible for approving a project under CEQA.

Limits and Unknowns

  • Does not specify the exact nature of the new requirements imposed on local agencies.
  • It does not address how these projects will be funded or who will oversee them.

Bill History

  1. 2026-02-02 California Legislative Information

    From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.

  2. 2026-01-31 California Legislative Information

    Died pursuant to Art. IV, Sec. 10(c) of the Constitution.

  3. 2025-03-24 California Legislative Information

    In committee: Set, first hearing. Hearing canceled at the request of author.

  4. 2025-02-18 California Legislative Information

    Referred to Com. on NAT. RES.

  5. 2025-02-05 California Legislative Information

    From printer. May be heard in committee March 7.

  6. 2025-02-04 California Legislative Information

    Read first time. To print.

Official Summary Text

AB 404, as introduced, Sanchez.
California Environmental Quality Act: exemption: prescribed fire, reforestation, habitat restoration, thinning, or fuel reduction projects.
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, until January 1, 2028, except for the issuance of a permit or other permit approval, exempts from the
requirements of CEQA prescribed fire, reforestation, habitat restoration, thinning, or fuel reduction projects, or related activities, undertaken, in whole or in part, on federal lands to reduce the risk of high-severity wildfire that have been reviewed under the federal National Environmental Policy Act of 1969 meeting certain requirements. Existing law requires a lead agency, if it determines that a project qualifies for the above exemption and it determines to approve or carry out the project, to file a notice of exemption with the Office of Land Use and Climate Innovation and with the county clerk in the county in which the project will be located and to post the notice of exemption on its internet website together with a description of where the documents analyzing the environmental impacts of the project under the federal act are available for review. Existing law requires the lead agency, if it is not the Department of Forestry and Fire Protection, to provide the notice of exemption and certain
information to the department.
This bill would extend the above exemption and requirements on the lead agency indefinitely. By extending the requirements on the lead agency, this bill would impose a state-mandated local program.
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

Read the full stored bill text 
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