BILL NUMBER: AB 1916	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 29, 2012

INTRODUCED BY   Assembly Member Buchanan

                        FEBRUARY 22, 2012

    An act to amend Section 21091 of the Public Resources
Code, relating to environmental quality.   An act to add
Section 5080.36.2 to the Public Resources Code, relating to state
parks. 



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1916, as amended, Buchanan.  CEQA: environmental impact
reports.   State parks: operating agreements: Mt.
Diablo State Park.  
   Existing law vests with the Department of Parks and Recreation
control of the state park system. Existing law authorizes the
department to enter into an agreement with an agency of the United
States, including a city, county, district, or other public agency,
or any combination thereof, for the care, maintenance,
administration, and control of lands of the state park system. 

   This bill would authorize the department to enter into an
operating agreement with Save Mount Diablo (SMD), a nonprofit
organization, for the restoration of the beacon on top of the Summit
Building in Mount Diablo State Park, and would require that the
agreement comply with specified requirements.  
   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 (EIR) 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. The 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. The CEQA prescribes
certain requirements for the review of draft EIRs, as specified.
 
   This bill would make various technical, nonsubstantive changes in
those provisions relating to the requirements for the review of draft
EIRs. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


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

   SECTION 1.    The Legislature finds and declares all
of the following:  
   (a) The California state park system was created for the purposes
of preserving outstanding natural, scenic, and cultural values,
including the historic significance of units of the state park
system.  
   (b) Mt. Diablo State Park is one of the oldest parks in the state
park system. The park was created by legislation and dedicated in
1921, and rededicated again in 1931, at the time the park's first
parcels of land were acquired.  
   (c) The annual budget for the state park system, as a whole, has
been inadequate to maintain the existing units of the system, and the
ongoing shortfall has caused a backlog of deferred maintenance at
the parks.  
   (d) The "Eye of Diablo" Beacon sits atop Mount Diablo. It was
originally installed in 1928 by Standard Oil of California on a steel
tower, approximately 75 feet west of its current location. The "Eye
of Diablo" Beacon was originally intended to serve as an aid to
aerial navigation. Using a remote switch from Denver, Colorado,
Colonel Charles Lindbergh simultaneously lit the "Eye of Diablo"
Beacon and a similar beacon located near Los Angeles on October 14,
1928.  
   (e) The Visitor's Center Building at Mt. Diablo State Park was
constructed from 1939 to 1942, inclusive, by the Diablo Conservation
Corps, a part of the Civilian Conservation Corps. The building was
designed specifically to accommodate the beacon atop the tower of the
building, and the beacon was relocated to that location. The beacon
was turned off on December 8, 1941, on the day after the attack on
Pearl Harbor, in observance of the West Coast blackout and in
recognition of the fear of Japan's attack on the United States coast.
In 1964, a group of local engineers restored the beacon to operating
condition, and on December 7, 1964, Admiral Chester W. Nimitz
pressed the switch to relight the beacon to commemorate the survivors
of the bombing of Pearl Harbor. The beacon is only lighted on
December 7th (Pearl Harbor Day) for this purpose.  
   (f) In 1971, Save Mount Diablo (SMD) was incorporated as a
nonprofit 501(c) organization, dedicated to preserving Mount Diablo's
peaks, and the surrounding foothills and watersheds, through land
acquisition and preservation strategies designed to protect the
mountain's natural beauty, biological diversity, and historic and
agricultural heritage, to enhance the area's quality of life, and to
provide recreational opportunities consistent with protection of
natural resources.  
   (g) Save Mount Diablo is a cosponsor for the annual lighting of
the beacon each Pearl Harbor Day.  
   (h) The annual lighting of the Mount Diablo Beacon is an important
reminder of a significant time in our history, and should be
restored and kept operational. 
   SEC. 2.    Section 5080.36.2 is added to the 
 Public Resources Code   , to read:  
   5080.36.2.  Notwithstanding any other provision of this article,
the department may enter into an operating agreement with Save Mount
Diablo (SMD), a nonprofit organization, for the restoration of the
Mount Diablo Beacon on top of the Summit Building in Mount Diablo
State Park. The agreement shall include, but is not limited to, all
of the following:
   (a) The Diablo Vista District Superintendent for the department
shall provide or appoint a person to liaison with the department, the
SMD, and the public.
   (b) The operating agreement shall follow the United States
Secretary of the Interior's Standards for the Treatment of Historic
Properties guidelines and the guidelines set forth by the American
Institute for Conservation of Historic and Artistic Works. The
operating agreement shall also comply with any applicable code of
ethics or Guidelines for Practice governing the rehabilitation and
preservation of historical sites and buildings. All plans for the
work, the work in process, and the finished work shall be audited by
a conservator company pursuant to a contract with the company.
   (c) Save Mount Diablo shall submit a draft of the operating
agreement to the Diablo Vista District Superintendent for comment,
amendment, and approval. Representatives of both the department and
SMD shall be signatories to the agreement.
   (4) All costs of the restoration of the Mount Diablo Beacon shall
be incurred under the authority of, and be the responsibility of,
SMD.  
  SECTION 1.    Section 21091 of the Public
Resources Code is amended to read:
   21091.  (a) The public review period for a draft environmental
impact report shall not be less than 30 days. If the draft
environmental impact report is submitted to the State Clearinghouse
for review, the review period shall be at least 45 days, and the lead
agency shall provide a sufficient number of copies of the document
to the State Clearinghouse for review and comment by state agencies.
   (b) The public review period for a proposed negative declaration
or proposed mitigated negative declaration shall not be less than 20
days. If the proposed negative declaration or proposed mitigated
negative declaration is submitted to the State Clearinghouse for
review, the review period shall be at least 30 days, and the lead
agency shall provide a sufficient number of copies of the document to
the State Clearinghouse for review and comment by state agencies.
   (c) (1) Notwithstanding subdivisions (a) and (b), if a draft
environmental impact report, proposed negative declaration, or
proposed mitigated negative declaration is submitted to the State
Clearinghouse for review and the period of review by the State
Clearinghouse is longer than the public review period established
pursuant to subdivision (a) or (b), whichever is applicable, the
public review period shall be at least as long as the period of
review and comment by state agencies as established by the State
Clearinghouse.
   (2) The public review period and the state agency review period
may, but are not required to, begin and end at the same time. Day one
of the state agency review period shall be the date that the State
Clearinghouse distributes the document to state agencies.
   (3) If the submittal of a CEQA document is determined by the State
Clearinghouse to be complete, the State Clearinghouse shall
distribute the document within three working days from the date of
receipt. The State Clearinghouse shall specify the information that
will be required in order to determine the completeness of the
submittal of a CEQA document.
   (d) (1) The lead agency shall consider comments it receives on a
draft environmental impact report, proposed negative declaration, or
proposed mitigated negative declaration if those comments are
received within the public review period.
   (2) (A) With regard to the consideration of comments received on a
draft environmental impact report, the lead agency shall evaluate
comments on environmental issues that are received from persons who
have reviewed the draft and shall prepare a written response pursuant
to subparagraph (B). The lead agency may also respond to comments
that are received after the close of the public review period.
   (B) The written response shall describe the disposition of each
significant environmental issue that is raised by commenters. The
responses shall be prepared consistent with Section 15088 of Title 14
of the California Code of Regulations, as those regulations existed
on June 1, 1993.
   (3) (A) With regard to the consideration of comments received on a
draft environmental impact report, proposed negative declaration,
proposed mitigated negative declaration, or notice pursuant to
Section 21080.4, the lead agency shall accept comments via e-mail and
shall treat e-mail comments as equivalent to written comments.
   (B) Any law or regulation relating to written comments received on
a draft environmental impact report, proposed negative declaration,
proposed mitigated negative declaration, or notice received pursuant
to Section 21080.4, shall also apply to e-mail comments received for
those reasons.
   (e) (1) Criteria for shorter review periods by the State
Clearinghouse for documents that are required to be submitted to the
State Clearinghouse shall be set forth in the written guidelines
issued by the Office of Planning and Research and made available to
the public.
   (2) Those shortened review periods shall not be less than 30 days
for a draft environmental impact report and 20 days for a negative
declaration.
   (3) A request for a shortened review period shall only be made in
writing by the decisionmaking body of the lead agency to the Office
of Planning and Research. The decisionmaking body may designate by
resolution or ordinance a person authorized to request a shortened
review period. A designated person shall notify the decisionmaking
body of this request.
   (4) A request approved by the State Clearinghouse shall be
consistent with the criteria set forth in the written guidelines of
the Office of Planning and Research.
   (5) A shortened review period shall not be approved by the Office
of Planning and Research for a proposed project of statewide,
regional, or areawide environmental significance as determined
pursuant to Section 21083.
   (6) An approval of a shortened review period shall be given prior
to, and reflected in, the public notice required pursuant to Section
21092.
   (f) Prior to carrying out or approving a project for which a
negative declaration has been adopted, the lead agency shall consider
the negative declaration together with comments that were received
and considered pursuant to paragraph (1) of subdivision (d).