BILL NUMBER: AB 696	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 16, 2009

INTRODUCED BY   Assembly Member Hagman
    (   Coauthors:   Assembly Members 
 Bill Berryhill,   DeVore,   and Jeffries 
 ) 
    (   Coauthor:   Senator   Runner
  ) 

                        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 amended, 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  and the lead
agency , 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  and the lead agency opt to
do so  , 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   no  .


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  and the lead agency  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 
of  those disputes before a court.
   (b) If an applicant  opts   and the lead
agency opt  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.