Amended in Assembly March 19, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 756

Introduced by Assembly Member Melendez

February 21, 2013

An act to begin delete amend Section 21100 of end delete begin insert add Chapter 7 (commencing with Section 21189.50) to Division 13 of end insert the Public Resources Code, relating to environmental quality.

LEGISLATIVE COUNSEL’S DIGEST

AB 756, as amended, Melendez. begin delete Environmental quality: end delete California Environmental Quality begin delete Act. end delete begin insert Act: judicial review: public works projects. end insert

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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. CEQA establishes a procedure for the preparation and certification of the record of proceedings upon the filing of an action or proceeding challenging a lead agency’s action on the grounds of noncompliance with CEQA.

end insert begin insert

The Jobs and Economic Improvement Through Environmental Leadership Act of 2011 requires that any action or proceeding alleging that a public agency has approved or is undertaking a leadership project certified by the Governor, as specified, in violation of CEQA be conducted in accordance with specified streamlining benefits. The act also requires the preparation and certification of the administrative record for a leadership project that is certified by the Governor to comply with certain procedures. The act requires the draft and final EIR of a leadership project to include a specific notice relating to required procedures for judicial actions challenging the certification of the EIR or the approval of a project described in the EIR.

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This bill would also apply these provisions to a public works project, defined to mean an infrastructure project carried out by the city, county, or state government or contracted out to a private entity by the local or state government. By requiring a lead agency to use these alternative procedures in preparing and certifying the administrative record, this bill would impose a state-mandated local program. The bill would also authorize the Judicial Council to adopt Rules of Court to implement these provisions.

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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.

end insert begin insert

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

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The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared by contract, 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, or to adopt a negative declaration if it finds that the project will not have that effect.

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This bill would make technical, nonsubstantive changes to those provisions.

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Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program:  begin delete no end delete begin insert yes end insert .

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

end insert

begin insert Chapter 7 (commencing with Section 21189.50)
is added to Division 13 of the end insert begin insert Public Resources Code end insert begin insert , to read: end insert

begin insert

 

Chapter   begin insert 7. end insert Judicial Review Of Public Works Projects

 

begin insert 21189.50. end insert   

“Public works project,” for purposes of this chapter,
means an infrastructure project carried out by the city, county, or
state government, or contracted out to a private entity by a city,
county, or state government. Infrastructure projects include
projects relating to transportation, such as the construction and
maintenance of roads, bridges, airports, and ports, and the
placement of traffic signs and street lights, projects relating to
public-health-related buildings such as hospitals and urgent care
facilities, projects relating to public safety buildings such as law
enforcement stations and correctional facilities, projects relating
to water quality and water waste treatment facilities and their
related infrastructures, and projects relating to electrical grid
improvements, landscaping, seismic retrofitting, and technological
retrofitting.

begin insert 21189.51. end insert   

(a) Notwithstanding any other law, any action or
proceeding alleging that a public agency has approved or is
undertaking a public works project in violation of this division
shall be conducted in accordance with the following streamlining
benefits:

(1) The action or proceeding shall be filed in the court of appeal
with geographic jurisdiction over the project.

(2) Any party bringing a claim described in this section shall
also file concurrently any other claims alleging that a public
agency has granted land use approvals for the public works project
in violation of the law. The court of appeal shall have original
jurisdiction over all those claims.

(3) The court of appeal shall issue its decision in the case within
175 days of the filing of the petition.

(4) The court may appoint a master to assist the court in
managing and processing the case.

(5) The court may grant extensions of time only for good cause
shown and in order to promote the interests of justice.

(b) The Judicial Council may adopt rules of court to implement
this chapter.

begin insert 21189.52. end insert   

Notwithstanding any other law, the preparation and
certification of the administrative record for a public works project
shall be performed in the following manner:

(a) The lead agency for the project shall prepare the
administrative record pursuant to this division concurrently with
the administrative process.

(b) All documents and other materials placed in the
administrative record shall be posted on, and be downloadable
from, an Internet Web site maintained by the lead agency
commencing with the date of the release of the draft environmental
impact report.

(c) The lead agency shall make available to the public in a
readily accessible electronic format the draft environmental impact
report and all other documents submitted to, or relied on by, the
lead agency in the preparation of the draft environmental impact
report.

(d) A document prepared by the lead agency or submitted by
the applicant after the date of the release of the draft environmental
impact report that is a part of the record of the proceedings shall
be made available to the public in a readily accessible electronic
format within five business days after the document is released or
received by the lead agency.

(e) The lead agency shall encourage written comments on the
project to be submitted in a readily accessible electronic format,
and shall make any comment available to the public in a readily
accessible electronic format within five days of its receipt.

(f) Within seven business days after the receipt of any comment
that is not in an electronic format, the lead agency shall convert
that comment into a readily accessible electronic format and make
it available to the public in that format.

(g) The lead agency shall certify the final administrative record
within five days of its approval of the project.

(h) Any dispute arising from the administrative record shall be
resolved by the court of appeal pursuant to Section 21189.51.

begin insert 21189.53. end insert   

The draft and final environmental impact report
shall include a notice in no less than 12-point type stating the
following:

“THIS EIR IS SUBJECT TO CHAPTER 7 (COMMENCING
WITH SECTION 21189.50) OF DIVISION 21 OF THE PUBLIC
RESOURCES CODE, WHICH PROVIDES, AMONG OTHER
THINGS, THAT ANY JUDICIAL ACTION CHALLENGING THE
CERTIFICATION OF THE EIR OR THE APPROVAL OF THE
PROJECT DESCRIBED IN THE EIR IS SUBJECT TO THE
PROCEDURES SET FORTH IN SECTION 21189.51 OF THE
PUBLIC RESOURCES CODE AND MUST BE FILED WITH THE
COURT OF APPEAL. A COPY OF CHAPTER 7 OF DIVISION
21 OF THE PUBLIC RESOURCES CODE IS INCLUDED IN
THE APPENDIX TO THIS EIR.”

begin insert 21189.54. end insert   

The provisions of this chapter are severable. If any
provision of this chapter or its application is held invalid, that
invalidity shall not affect other provisions or applications that can
be given effect without the invalid provision or application.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert begin insert

If the Commission on State Mandates determines that
this act contains costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.

end insert

begin delete

SECTION 1.  

Section 21100 of the Public Resources Code is
amended to read:

21100.  

(a) A lead agency shall prepare, or cause to be prepared
by contract, 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. Whenever feasible,
a standard format shall be used for an environmental impact report.

(b) The environmental impact report shall include a detailed
statement setting forth all of the following:

(1) All significant effects on the environment of the proposed
project.

(2) In a separate section:

(A) Any significant effect on the environment that cannot be
avoided if the project is implemented.

(B) Any significant effect on the environment that would be
irreversible if the project is implemented.

(3) Mitigation measures proposed to minimize significant effects
on the environment, including, but not limited to, measures to
reduce the wasteful, inefficient, and unnecessary consumption of
energy.

(4) Alternatives to the proposed project.

(5) The growth-inducing impact of the proposed project.

(c) The report shall also contain a statement that briefly states
the reasons for determining that various effects on the environment
of a project are not significant and consequently have not been
discussed in detail in the environmental impact report.

(d) For purposes of this section, any significant effect on the
environment shall be limited to substantial, or potentially
substantial, adverse changes in physical conditions which exist
within the area as defined in Section 21060.5.

(e) Previously approved land use documents, including, but not
limited to, general plans, specific plans, and local coastal plans,
may be used in cumulative impact analysis.

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