BILL NUMBER: ABX3 81	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Hall
   (Principal coauthor: Assembly Member Lieu)
   (Principal coauthor: Senator Price)
   (Coauthors: Assembly Members Adams, Bill Berryhill, Tom Berryhill,
Charles Calderon, Conway, Cook, Davis, Emmerson, Galgiani, Hagman,
Harkey, Hernandez, Logue, Mendoza, Miller, Nestande, Silva, Smyth,
Solorio, and Torrico)
   (Coauthors: Senators Calderon, Dutton, and Wright)

                        SEPTEMBER 9, 2009

   An act to add Section 65701 to the Government Code, relating to
land use.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 81, as introduced, Hall. Land use: City of Industry: stadium
complex.
   (1) 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, as defined, or to adopt a
negative declaration if it finds that the project will not have that
effect, unless the project is exempt from the act. CEQA provides for
various exemptions from its requirements.
   Existing law requires cities and counties to prepare, adopt, and
amend general plans containing specified elements.
   This bill would exempt from CEQA any activity or approval,
necessary or incidental to, the development, planning, design, site
acquisition, subdivision, financing, leasing, construction,
operation, or maintenance of a stadium complex and associated
development included in the same project or approval together with
any accessory roadway, utility, or other infrastructure improvement
to that stadium complex and associated development, for which an
application for the project or approval was submitted on or before
January 31, 2009, to the City of Industry, if specified requirements
are met. The bill would require the city to require the stadium
complex and associated development to comply with those mitigation
measures that are contained in a mitigation monitoring and reporting
program that is adopted by the City of Industry in connection with
the stadium complex and associated development. Because a lead agency
would be required to determine the applicability of the exemption,
the bill would impose a state-mandated local program.
   The bill also would exempt from any legal requirement concerning
the content of a general plan or consistency with a general plan, and
prohibit those requirements from resulting in the invalidation of,
the city's approval of, and decisions regarding, specified actions
taken with respect to the stadium complex and associated development
included in the same project or approval and any accessory
improvements to that stadium complex and associated development. The
bill additionally would provide that a consistency determination is
not required by the city for any decision with respect to those
actions.
   (2) The bill would have retroactive application.
   (3) 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.
   (4) The California Constitution authorizes the Governor to declare
a fiscal emergency and to call the Legislature into special session
for that purpose. The Governor issued a proclamation declaring a
fiscal emergency, and calling a special session for this purpose, on
December 19, 2008.
   This bill would state that it addresses the fiscal emergency
declared by the Governor by proclamation issued on December 19, 2008,
pursuant to the California Constitution.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  The Legislature finds and declares all of the
following:
   (a) The state is in the midst of one of the most significant
economic recessions in the history of the United States, which has
dramatically affected the economic health of the state's citizens.
   (b) The unemployment rate in California, as of July 2009, is at
the highest level since World War II, with statewide unemployment at
12.1 percent. As of July 2009, unemployment in Los Angeles County is
at 12.5 percent, unemployment in San Bernardino County is at 13.9
percent, and unemployment in Riverside County is at 14.7 percent.
   (c) State and local government revenues have fallen and many local
governments are facing significant budget shortfalls requiring
reductions in public services, including essential public services,
and staff layoffs and furloughs.
   (d) The state is addressing the serious economic decline through a
number of legislative, programmatic, and budgetary measures in an
effort to address the real need for economic stimulus to generate
jobs and economic growth for our citizens, the state, and local
governments.
   (e) The City of Industry has approved a proposed stadium complex
and associated development project adjacent to State Route 57 and
State Route 60, which will provide much needed economic activity in
the Los Angeles region, including Los Angeles, Orange, Riverside, and
San Bernardino Counties.
   (f) The proposed stadium complex and associated development
represents an approximately two billion dollar ($2,000,000,000)
investment in the local economy. The proposed stadium complex and
associated development will generate over 12,000 construction jobs
and 6,700 permanent jobs in the Los Angeles region.
   (g) The proposed stadium complex and associated development will
generate over seven hundred sixty million dollars ($760,000,000) in
annual economic activity and twenty-one million dollars ($21,000,000)
in tax revenues annually for state, county, and local governments.
   (h) In 2004, the City of Industry certified an environmental
impact report and approved a project of approximately 4,800,000
square feet on the project site. The 2004 environmental impact report
analyzed aesthetics, air quality, biological resources, cultural
resources, geology and soils, hazardous materials, hydrology and
water, land use and planning, mineral resources, noise, population
and housing, public services, utilities, recreation, and
transportation and traffic associated with the 2004 project. The
environmental impact report determined that there would be a less
than significant impact on any biological resources, cultural
resources, mineral resources, and recreation. There was no legal
challenge to the 2004 environmental impact report or associated
project approvals.
   (i) In 2008, the City of Industry prepared a supplemental
environmental impact report for a proposed stadium complex and
associated development. The supplemental environmental impact report
analyzed aesthetics, air quality, geology and soils, hazardous
materials, hydrology and water, land use and planning, noise,
population and housing, public services, transportation and traffic,
and utilities associated with the stadium complex and associated
development, and included an analysis of greenhouse gas emissions
associated with the stadium complex and associated development.
   (j) In 2009, the City of Industry certified the supplemental
environmental impact report and approved an approximately 3,000,000
square foot project on the project site and a new state-of-the-art
stadium. The conditions of approval approved by the City of Industry
for the stadium restrict the number of events that may be held in the
stadium to not more than 45 events in each calendar year, of which a
maximum of 30 may be at full stadium capacity, and require
compliance with the mitigation measures and project design features
listed in the environmental impact report or supplemental
environmental impact report for the stadium complex and associated
development.
   (k) The stadium complex and associated development, excluding the
stadium complex itself, comprises approximately 1,500,000 square feet
less building square footage than the previous approved project for
substantially the same project area.
   (l) The supplemental environmental impact report for the stadium
complex and associated development found that the traffic generated
by the stadium complex and associated development would generate
substantially less weekday traffic and less traffic annually than the
original proposed project at the same site. In addition, the site is
served by an existing Metrolink station that is less than one-half
mile from the project site.
   (m) Due to the substantial reduction in permitted industrial uses
at the project site and significant decrease in overall automobile
trips as a result of the stadium complex and associated development,
the stadium complex and associated development will result in
significantly decreased diesel emissions and reduced annual overall
air quality impacts as compared to the previously proposed project.
   (n) Given the economic crisis facing the state, high rates of
unemployment in the construction sectors, high rates of unemployment
in Los Angeles, Riverside, and San Bernardino Counties, and decreased
state and local revenues, the Legislature desires to address the
economic crisis affecting the state by providing for the ability of
the stadium complex and associated development to proceed if the
project complies with all project design features and mitigation
measures provided for in the City of Industry's project approvals and
the environmental impact report or supplemental environmental impact
report.
  SEC. 2.  Section 65701 is added to the Government Code, to read:
   65701.  Notwithstanding any other provision of law, the City of
Industry's approval of, and decisions regarding, the development,
planning, design, location, site acquisition, financing, leasing,
construction, operation, and maintenance of a stadium complex and
associated development included in the same project or approval, for
which an application for that stadium complex and associated
development was submitted on or before January 31, 2009, to the City
of Industry, and any accessory improvements to that stadium complex
and associated development, including, but not limited to, roadways
and utilities that serve the stadium complex or associated
development, are exempt from any legal requirement concerning the
content of a general plan or consistency with a general plan, and
those requirements shall not result in the invalidation of those
approvals and decisions. Notwithstanding any other provision of law,
a consistency determination is not required by the City of Industry
for any decision with respect to the development, planning, design,
location, site acquisition, financing, leasing, construction,
operation, or maintenance of a stadium complex and associated
development included in the same project or approval, for which an
application for that stadium complex and associated development was
submitted on or before January 31, 2009, to the City of Industry, and
any accessory improvements to that stadium complex and associated
development, including, but not limited to, roadways and utilities
that serve the stadium complex or associated development.
  SEC. 3.  (a) The California Environmental Quality Act (Division 13
(commencing with Section 21000) of the Public Resources Code) does
not apply to any activity or approval, necessary for or incidental
to, the development, planning, design, site acquisition, subdivision,
financing, leasing, construction, operation, or maintenance of a
stadium complex and associated development included in the same
project or approval together with any accessory roadway, utility, or
other infrastructure improvement to that stadium complex and
associated development, for which an application for the project or
approval was submitted on or before January 31, 2009, to the City of
Industry, and that meets all of the following requirements:
   (1) The supplemental environmental impact report for the stadium
complex and associated development was prepared and certified by the
City of Industry within five years before the effective date of the
act adding this section.
   (2) A Metrolink station is located, as of the effective date of
the act adding this section, within one-half mile from the project
site for the stadium complex and associated development.
   (3) The supplemental environmental impact report for the stadium
complex and associated development included an analysis of greenhouse
gas emissions.
   (4) The conditions of approval approved by the City of Industry,
or the mitigation measures in the supplemental environmental impact
report for the stadium complex and associated development, restricts
the number of events that may be held in the stadium complex to not
more than 45 events in each calendar year.
   (b) The City of Industry, upon determining that the requirements
of paragraphs (1) to (4), inclusive, of subdivision (a), have been
met, shall certify satisfaction of those requirements.
   (c) Notwithstanding the exemption provided by this section, the
City of Industry shall require the stadium complex and associated
development to comply with those mitigation measures that are
contained in a mitigation monitoring and reporting program that is
adopted by the City of Industry in connection with the stadium
complex and associated development.
  SEC. 4.  This act applies prospectively and retroactively to any
approvals by the City of Industry with respect to the stadium complex
and associated development, and also applies prospectively and
retroactively to any causes of action and claims that are pending as
of the effective date of this act and for which no final
nonappealable judgment has been entered prior to the effective date
of this act.
  SEC. 5.  The Legislature finds and declares that a special law is
necessary and that a general law cannot be made applicable within the
meaning of Section 16 of Article IV of the California Constitution
because the stadium complex and associated development will provide
unique and urgently needed economic stimulus to the Los Angeles
region, including Los Angeles, Orange, Riverside, and San Bernardino
Counties, and including an estimated 18,700 jobs, seven hundred sixty
million dollars ($760,000,000) in annual economic activity, and
twenty-one million dollars ($21,000,000) in estimated annual tax
revenues.
  SEC. 6.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because a
local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code.
  SEC. 7.  This act addresses the fiscal emergency declared by the
Governor by proclamation on December 19, 2008, pursuant to
subdivision (f) of Section 10 of Article IV of the California
Constitution.