BILL NUMBER: AB 696	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Hagman

                        FEBRUARY 26, 2009

   An act to add Section 21166.5 to the Public Resources Code,
relating to the environment.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 696, as introduced, Hagman. California Environmental Quality
Act: arbitration.
   (1) The California Environmental Quality Act (CEQA) requires a
lead agency to prepare, or cause to be prepared, and certify the
completion of, an environmental impact report on a project, as
defined, 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. CEQA also generally 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. CEQA provides some exemptions from its
requirements.
   This bill would allow an applicant for a project, at the time of
application, to opt to resolve all disputes with the lead agency
arising out of a subsequent environmental impact report for that
project before an arbitrator, in lieu of retaining the option to file
an action or proceeding arising out of those disputes before a
court. If an applicant so opts, the bill would require the applicant
and the lead agency, at that time, to agree to an arbitrator, thereby
imposing a state-mandated local program. The bill would require any
resulting arbitration to be binding on both the applicant and the
lead agency and would require the arbitrator to resolve the dispute
within 90 days of the request for arbitration.
   (2) 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.
   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.  Section 21166.5 is added to the Public Resources Code,
to read:
   21166.5.  (a) Notwithstanding any other provision of law, an
applicant for a project may, at the time of application, opt to
resolve all disputes with the lead agency arising out of a subsequent
environmental impact report for that project before an arbitrator,
in lieu of retaining the option to file an action or proceeding
arising out those disputes before a court.
   (b) If an applicant opts to resolve disputes before an arbitrator
pursuant to subdivision (a), the applicant and lead agency shall
agree to an arbitrator at the time the applicant makes that initial
decision pursuant to subdivision (a).
   (c) The arbitration shall be binding on both the applicant and the
lead agency and the arbitrator shall have 90 days from the date of
the request for arbitration to resolve the dispute.
  SEC. 2.  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.