BILL ANALYSIS Ó ------------------------------------------------------------ |SENATE RULES COMMITTEE | SB 292| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ UNFINISHED BUSINESS Bill No: SB 292 Author: Padilla (D), et al. Amended: 9/7/11 Vote: 21 PRIOR VOTES NOT RELEVANT ASSEMBLY FLOOR : 63-13, 9/7/11 - See last page for vote SUBJECT : California Environmental Quality Act: Los Angeles stadium SOURCE : AEG Los Angeles County Federation of Labor, AFL-CIO DIGEST : This bill establishes expedited judicial review procedures and requires implementation of specified traffic and air quality mitigation measures under the California Environmental Quality Act for the proposed downtown Los Angeles football stadium and convention center project. Assembly Amendments delete the Senate version of this bill relating to postsecondary education and places the above issues into this bill. ANALYSIS : Existing law: 1. Requires, pursuant to California Environmental Quality Act (CEQA), a lead agency with the principal responsibility for carrying out or approving a proposed CONTINUED SB 292 Page 2 discretionary project to evaluate the environmental effects of its action and prepare a negative declaration, mitigated negative declaration, or environmental impact report (EIR). If an initial study shows that the project may have a significant effect on the environment, the lead agency must prepare an EIR. A lead agency must base its determination of significant effects on substantial evidence. 2. Authorizes judicial review of CEQA actions taken by public agencies, following the agency's decision to carry out or approve the project. Challenges alleging improper determination that a project may have a significant effect on the environment, or alleging an EIR does not comply with CEQA, must be filed in the Superior Court within 30 days of filing of the notice of approval. Specifically, this bill provides for the following: 1. Expedited judicial review A. Requires a petition challenging certification of the EIR, or the granting of any initial project approvals, for the stadium project to be filed with the Second District Court of Appeal within 30 days of the lead agency's notice of determination on the EIR. B. Requires the petitioner to file and serve the opening brief within 40 days of filing the petition. C. Requires the respondent and real party in interest to file and serve the opposition brief within 25 days of the filing of the opening brief. D. Requires the petitioner to file and serve the reply brief within 20 days of the filing of the last opposition brief. E. Provides that Rule 8.220 of the California Rules of Court, which permits the court to grant an extension of time to file briefs for good cause, does not apply. Instead prohibits the court from granting CONTINUED SB 292 Page 3 any extension, except upon showing of extraordinary good cause, and limits any extension to minimum the court deems necessary. F. Permits the court to appoint a special master to assist with the case. If a special master is appointed, requires the project applicant to pay all reasonable costs, up to $150,000. Permits the court to request additional special master costs in excess of $150,000 be paid by the applicant. G. Requires the court to hear and decide the case within 60 days of the filing of the last timely reply brief. If the court fails to meet this deadline, the applicant may withdraw, thereby terminating the case and the Court of Appeal's jurisdiction and eliminating the applicant's duty to comply with the traffic and air quality mitigation measures described below. H. Requires a petition to review the Court of Appeal's decision to be filed with the Supreme Court within 15 days of the decision, requires parties to file opposition briefs 15 days after that, and requires the Supreme Court to decide the case within the earlier of 30 days of the petition or 15 days of the opposition brief. I. Requires all briefs and notices to be served electronically. 2. Lead agency/EIR procedures A. Requires the project EIR to include a specified notice that it is subject to the provisions of the section added by this bill. B. Requires the lead agency to conduct an informational workshop within 10 days of release of the Draft EIR and hold a public hearing within 10 days before close of the public comment period. C. Requires the lead agency and applicant to participate in nonbinding mediation with any party CONTINUED SB 292 Page 4 who submitted comments on the Draft EIR and requested mediation within five days of the close of the public comment period, with the cost to be paid by the applicant. Requires mediation to end within 35 days of the close of the public comment period. D. Requires the lead agency to adopt any measures agreed upon in mediation. Prohibits a commenter from raising an issue addressed by that measure in a lawsuit. E. Permits the lead agency to ignore written comments submitted after the close of the public comment period, with specified exceptions for materials addressing new information released after the close of the public comment period. F. Makes operation of this bill contingent on completion of the project EIR before June 1, 2013, by providing that the section added by this bill shall be inoperative on June 1, 2013, and repealed on January 1, 2014, if the lead agency files its notice of determination on the EIR after June 1, 2013. G. Requires the lead agency to provide all EIR documents and comments in an electronic format, certify the record within five days of filing the notice of determination, provide the record to a party upon written request, and provide the record to the Court of Appeal within 10 days of the filing of petition for review. 3. Mitigation requirements A. Declares the intent of the Legislature that the project minimizes traffic congestion and air quality impacts that may result from private car trips to the stadium through the existing requirements of CEQA, as supplemented by the mitigation measures specified by this bill. B. Requires the lead agency, as a condition of approval of the project, to require the applicant to implement measures to achieve "carbon neutrality" CONTINUED SB 292 Page 5 (zero net emissions of greenhouse gases from private car trips) by the end of the first season a National Football League (NFL) team has played at the stadium. Requires the lead agency to place highest priority on feasible emission reduction measures on the stadium site and neighboring communities. Requires use of offset credits only after feasible local measures have been implemented. C. Requires the applicant to implement specified measures to ensure that the stadium achieves a "trip ratio" (cars divided by spectators) that is no more than 90 percent of the trip ratio at any other NFL stadium (i.e., 10 percent less car trips than the best comparable stadium). D. Requires the lead agency to adopt a protocol to implement these measures, including criteria and guidelines to determine trip ratio. E. Requires the applicant to report to the lead agency after the second, third, fourth and fifth NFL seasons, regarding the results of trip reduction measures. F. Requires the lead agency, following the fourth season trip ratio report, to determine whether there is adequate data to determine whether the 90 percent trip ratio has been achieved. If data is not adequate, the lead agency shall collect the data necessary to make the determination, with reasonable costs paid by the applicant. G. If, after the fifth season trip ratio report, the lead agency determines that the trip ratio is no more than 90 percent of trip ratio of the other NFL stadium with the lowest trip ratio, the lead agency shall require the applicant to implement additional feasible measures to achieve the 90 percent target. Any trip reduction measure used at another NFL stadium shall be presumed feasible. The feasibility of any mitigation measure not used at another NFL stadium shall be governed by the substantial evidence test. The applicant's obligation to pay for transit CONTINUED SB 292 Page 6 improvements is limited to: (1) Temporary expansion of transit line capacity to serve stadium events. (2) Providing charter buses or similar services to serve stadium events. (3) Paying a fair share of a public fixed or light rail station used by event spectators. H. Requires the applicant to submit additional annual trip ratio reports if the lead agency requires additional mitigation measures, until the lead agency determines the applicant has achieved the 90 percent target for two consecutive seasons, or until the tenth season, whichever is earlier. This bill states its provisions are severable. Comments CEQA provides a process for evaluating the environmental effects of applicable projects undertaken or approved by public agencies. If a project is not exempt from CEQA, an initial study is prepared to determine whether the project may have a significant effect on the environment. If the initial study shows that there would not be a significant effect on the environment, the lead agency must prepare a negative declaration. If the initial study shows that the project may have a significant effect on the environment, the lead agency must prepare an EIR. Generally, an EIR must accurately describe the proposed project, identify and analyze each significant environmental impact expected to result from the proposed project, identify mitigation measures to reduce those impacts to the extent feasible, and evaluate a range of reasonable alternatives to the proposed project. Prior to approving any project that has received environmental review, an agency must make certain findings. If mitigation measures are required or incorporated into a project, the agency must adopt a reporting or monitoring program to ensure compliance with those measures. CONTINUED SB 292 Page 7 Generally, CEQA actions taken by local public agencies can be challenged in Superior Court once the agency approves or determines to carry out the project. CEQA appeals are subject to unusually short statutes of limitations. Under current law, court challenges of CEQA decisions generally must be filed within 30-35 days, depending on the type of decision. This bill establishes special procedures and requirements for the proposed Convention Center Modernization and Farmers Field Project (football stadium) in downtown Los Angeles. The expedited judicial review procedures contemplate the Court of Appeal rendering a decision on any lawsuit challenging the City of Los Angeles' approval of the stadium under CEQA within 175 days, reducing the existing judicial review timeline by 100 days or more, while creating new burdens for the court and petitioners to meet the compressed schedule. The mitigation requirements would require the stadium to achieve "carbon neutrality" for private car trips by the end of the first NFL season and 10 percent less car trips than the best comparable stadium over a 10-year period. FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: Yes SUPPORT : (Verified 9/8/11) AEG (co-source) Los Angeles County Federation of Labor, AFL-CIO (co-source) 2nd Call Ability First Ability First American Airlines Asian Business Association AVT Event Technology Black Business Association California Hospital Medical Center California Labor Federation California League of Conservation Voters California State Council of Laborers CDS: Events and Exhibits Central City Association CSI CONTINUED SB 292 Page 8 Czarnowski Downtown Los Angeles Central Business Improvement District Downtown Los Angeles Neighborhood Council Fashion Institute of Design and Merchandising Farmer Insurance FCI Management Focus Exhibits and Trade Show Services Freeman Global Experience Specialists Greater Los Angeles African American Chamber of Commerce Greater Los Angeles Area Chamber of Commerce Historic Downtown Los Angeles Business Improvement District Independent Cities Association Inner City Arts International Alliance of Theatrical Stage Employees, Locals 33, 80, 706, 768, 857 International Association of Bridge, Structural, Ornamental and Reinforcing Ironworkers International Brotherhood of Electrical Workers Local 11 International Union of Painters and Allied Trades 831 Trade Show Ironworkers Locals 300, 416, 433 Juniorversity Konica Minolta Business Solutions Laborers' International Union of North America, Local 300 Latin Business Association LAX Coastal Chamber of CommerceLos Angeles Parking Association Leap Live Church Los Angeles Living Independently Through Employment Local Union 250 Los Angeles Business Council Los Angeles City Franchise Tax Association Los Angeles Conservation Corps Los Angeles County Federation of Labor Los Angeles Opportunities Industrialized Center Maguire Investments Make-Up Artists and Hair Stylist Guild, Local 706 Midnight Mission Millennium Biltmore Hotel, Los Angeles National Association of Women Business Owners National Resources Defense Council Net Systems NetSerce Systems, Inc. CONTINUED SB 292 Page 9 Office Furniture Group Optek Painters and Allied Trades, District Council 36 Para Los Ninos Pathpoint People Assisting the Homeless Peoples Choice Staffing, Inc Progress, Inc. Sheet Metal Workers Local 105 Sho-Link Silverlake Conservatory of Music South Park Business Improvement District Southern California Pipe Trades, District Council 36 Southland Partnership Corporation/P.O.W.E.R. Collaborative Network St. Vincent Medical Center State Building and Construction Trades Council Stuart M. Ketchum Real Estate Investments SuiteEvents.com Teamsters Locals 396, 986 Trade Show Contractors Association of Southern California Union Payroll Agency Unite Here! Local 11 United Association Locals 78, 250 United Way of Greater Los Angeles Universal Payroll Valley Industry and Commerce Association Volunteers of America - Greater Los Angeles YWCA Greater Los Angeles ASSEMBLY FLOOR : 63-13, 9/7/11 AYES: Achadjian, Alejo, Allen, Beall, Bill Berryhill, Blumenfield, Bonilla, Bradford, Brownley, Buchanan, Butler, Charles Calderon, Campos, Carter, Cedillo, Chesbro, Conway, Cook, Davis, Dickinson, Eng, Feuer, Fong, Fuentes, Furutani, Beth Gaines, Galgiani, Gatto, Gordon, Grove, Halderman, Hall, Harkey, Hayashi, Roger Hernández, Huber, Jeffries, Knight, Lara, Logue, Bonnie Lowenthal, Ma, Mendoza, Miller, Mitchell, Monning, Morrell, Nielsen, Olsen, Pan, Perea, V. Manuel Pérez, CONTINUED SB 292 Page 10 Portantino, Skinner, Smyth, Solorio, Swanson, Torres, Valadao, Wagner, Wieckowski, Williams, John A. Pérez NOES: Ammiano, Atkins, Donnelly, Fletcher, Garrick, Hagman, Hill, Huffman, Jones, Nestande, Norby, Silva, Yamada NO VOTE RECORDED: Block, Gorell, Hueso, Mansoor DLW:kc 9/8/11 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END **** CONTINUED