Senate Bill No. 525

Introduced by Senator Galgiani

February 21, 2013

An act to amend Section 21080 of the Public Resources Code, relating to environmental quality.

LEGISLATIVE COUNSEL’S DIGEST

SB 525, as introduced, Galgiani. California Environmental Quality Act: exemptions.

The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify 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. Existing law exempts certain activities from CEQA, including a project for the institution or increase of passenger or commuter services on rail or highway rights-of-way already in use, including modernization of existing stations and parking facilities.

This bill would provide that a project by the San Joaquin Regional Rail Commission and the High-Speed Rail Authority to improve the existing tracks, structure, bridges, signaling systems, and associated appurtenances located on the existing railroad right-of-way used by the Altamont Commuter Express service qualifies for this exemption from CEQA.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

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

SECTION 1.  

Section 21080 of the Public Resources Code is
amended to read:

21080.  

(a) Except as otherwise provided in this division, this
division shall apply to discretionary projects proposed to be carried
out or approved by public agencies, including, but not limited to,
the enactment and amendment of zoning ordinances, the issuance
of zoning variances, the issuance of conditional use permits, and
the approval of tentative subdivision maps unless the project is
exempt from this division.

(b) This division does not apply to any of the following
activities:

(1) Ministerial projects proposed to be carried out or approved
by public agencies.

(2) Emergency repairs to public service facilities necessary to
maintain service.

(3) Projects undertaken, carried out, or approved by a public
agency to maintain, repair, restore, demolish, or replace property
or facilities damaged or destroyed as a result of a disaster in a
disaster-stricken area in which a state of emergency has been
proclaimed by the Governor pursuant to Chapter 7 (commencing
with Section 8550) of Division 1 of Title 2 of the Government
Code.

(4) Specific actions necessary to prevent or mitigate an
emergency.

(5) Projects which a public agency rejects or disapproves.

(6) Actions undertaken by a public agency relating to any
thermal powerplant site or facility, including the expenditure,
obligation, or encumbrance of funds by a public agency for
planning, engineering, or design purposes, or for the conditional
sale or purchase of equipment, fuel, water (except groundwater),
steam, or power for a thermal powerplant, if the powerplant site
and related facility will be the subject of an environmental impact
report, negative declaration, or other document, prepared pursuant
to a regulatory program certified pursuant to Section 21080.5,
which will be prepared by the State Energy Resources Conservation
and Development Commission, by the Public Utilities Commission,
or by the city or county in which the powerplant and related facility
would be located if the environmental impact report, negative
declaration, or document includes the environmental impact, if
any, of the action described in this paragraph.

(7) Activities or approvals necessary to the bidding for, hosting
or staging of, and funding or carrying out of, an Olympic games
under the authority of the International Olympic Committee, except
for the construction of facilities necessary for the Olympic games.

(8) The establishment, modification, structuring, restructuring,
or approval of rates, tolls, fares, or other charges by public agencies
which the public agency finds are for the purpose of (A) meeting
operating expenses, including employee wage rates and fringe
benefits, (B) purchasing or leasing supplies, equipment, or
materials, (C) meeting financial reserve needs and requirements,
(D) obtaining funds for capital projects necessary to maintain
service within existing service areas, or (E) obtaining funds
necessary to maintain those intracity transfers as are authorized
by city charter. The public agency shall incorporate written findings
in the record of any proceeding in which an exemption under this
paragraph is claimed setting forth with specificity the basis for the
claim of exemption.

(9) All classes of projects designated pursuant to Section 21084.

(10) A project for the institution or increase of passenger or
commuter services on rail or highway rights-of-way already in
use, including modernization of existing stations and parking
facilities. begin insert A project by the San Joaquin County Regional Rail
Commission and the High-Speed Rail Authority to improve the
existing tracks, structure, bridges, signaling systems, and
associated appurtenances located on the existing railroad
right-of-way used by the Altamont Commuter Express service
qualifies for the exemption under this paragraph. end insert

(11) A project for the institution or increase of passenger or
commuter service on high-occupancy vehicle lanes already in use,
including the modernization of existing stations and parking
facilities.

(12) Facility extensions not to exceed four miles in length which
are required for the transfer of passengers from or to exclusive
public mass transit guideway or busway public transit services.

(13) A project for the development of a regional transportation
improvement program, the state transportation improvement
program, or a congestion management program prepared pursuant
to Section 65089 of the Government Code.

(14) Any project or portion thereof located in another state
which will be subject to environmental impact review pursuant to
the National Environmental Policy Act of 1969 (42 U.S.C. Sec.
4321 et seq.) or similar state laws of that state. Any emissions or
discharges that would have a significant effect on the environment
in this state are subject to this division.

(15) Projects undertaken by a local agency to implement a rule
or regulation imposed by a state agency, board, or commission
under a certified regulatory program pursuant to Section 21080.5.
Any site-specific effect of the project which was not analyzed as
a significant effect on the environment in the plan or other written
documentation required by Section 21080.5 is subject to this
division.

(c) If a lead agency determines that a proposed project, not
otherwise exempt from this division, would not have a significant
effect on the environment, the lead agency shall adopt a negative
declaration to that effect. The negative declaration shall be prepared
for the proposed project in either of the following circumstances:

(1) There is no substantial evidence, in light of the whole record
before the lead agency, that the project may have a significant
effect on the environment.

(2) An initial study identifies potentially significant effects on
the environment, but (A) revisions in the project plans or proposals
made by, or agreed to by, the applicant before the proposed
negative declaration and initial study are released for public review
would avoid the effects or mitigate the effects to a point where
clearly no significant effect on the environment would occur, and
(B) there is no substantial evidence, in light of the whole record
before the lead agency, that the project, as revised, may have a
significant effect on the environment.

(d) If there is substantial evidence, in light of the whole record
before the lead agency, that the project may have a significant
effect on the environment, an environmental impact report shall
be prepared.

(e) (1) For the purposes of this section and this division,
substantial evidence includes fact, a reasonable assumption
predicated upon fact, or expert opinion supported by fact.

(2) Substantial evidence is not argument, speculation,
unsubstantiated opinion or narrative, evidence that is clearly
inaccurate or erroneous, or evidence of social or economic impacts
that do not contribute to, or are not caused by, physical impacts
on the environment.

(f) As a result of the public review process for a mitigated
negative declaration, including administrative decisions and public
hearings, the lead agency may conclude that certain mitigation
measures identified pursuant to paragraph (2) of subdivision (c)
are infeasible or otherwise undesirable. In those circumstances,
the lead agency, prior to approving the project, may delete those
mitigation measures and substitute for them other mitigation
measures that the lead agency finds, after holding a public hearing
on the matter, are equivalent or more effective in mitigating
significant effects on the environment to a less than significant
level and that do not cause any potentially significant effect on the
environment. If those new mitigation measures are made conditions
of project approval or are otherwise made part of the project
approval, the deletion of the former measures and the substitution
of the new mitigation measures shall not constitute an action or
circumstance requiring recirculation of the mitigated negative
declaration.

(g) Nothing in this section shall preclude a project applicant or
any other person from challenging, in an administrative or judicial
proceeding, the legality of a condition of project approval imposed
by the lead agency. If, however, any condition of project approval
set aside by either an administrative body or court was necessary
to avoid or lessen the likelihood of the occurrence of a significant
effect on the environment, the lead agency’s approval of the
negative declaration and project shall be invalid and a new
environmental review process shall be conducted before the project
can be reapproved, unless the lead agency substitutes a new
condition that the lead agency finds, after holding a public hearing
on the matter, is equivalent to, or more effective in, lessening or
avoiding significant effects on the environment and that does not
cause any potentially significant effect on the environment.