BILL ANALYSIS Ó
SB 633
Page 1
Date of Hearing: July 1, 2013
ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Wesley Chesbro, Chair
SB 633 (Pavley) - As Amended: May 6, 2013
SENATE VOTE : 39-0
SUBJECT : California Environmental Quality Act (CEQA)
SUMMARY : Authorizes, on or before July 1, 2015, the Office of
Planning and Research (OPR) to draft revisions to the CEQA
Guidelines to include a class of projects involving minor
temporary uses of land and public gatherings that have been
determined not to have a significant effect on the environment
and that shall be exempt from CEQA. Requires the Natural
Resources Agency to certify and adopt the proposed revisions on
or before January 1, 2016.
EXISTING LAW , pursuant to CEQA:
1)Requires a lead agency to identify the significant
environmental impacts of "discretionary projects" and to avoid
or mitigate those impacts, if feasible. CEQA does not apply
to projects that are purely "ministerial."
2)Defines a "discretionary project" as a project that requires
the exercise of judgment or deliberation when the lead agency
decides to approve or disapprove a particular activity. A
purely "ministerial project" merely requires the lead agency
to determine whether there has been conformity with applicable
statutes, ordinances, or regulations.
3)Requires a lead agency carrying out or approving a proposed
discretionary project to prepare an initial study and
eventually an Environmental Impact Report (EIR) or Negative
Declaration, unless, however, a categorical or statutory
exemption applies.
4)Requires the OPR to prepare and develop proposed guidelines
for the implementation of CEQA (CEQA Guidelines). These
guidelines are required to include a list of CEQA exemptions
(categorical exemptions), which are classes of projects that
have been determined not to have a significant effect on the
environment. In adopting the CEQA Guidelines, requires the
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Secretary of the Natural Resources Agency to make a finding
that the listed classes of projects do not have a significant
effect on the environment.
5)Provides, pursuant to the CEQA Guidelines, a categorical
exemption for minor public or private alterations in the
condition of land, water, and/or vegetation, including minor
temporary use of land having negligible or no permanent
effects on the environment, including carnivals, sales of
Christmas trees, etc.
6)Provides, pursuant to the CEQA Guidelines, a categorical
exemption for the construction, or placement of minor
structures accessory to (appurtenant to) existing commercial,
industrial, or institutional facilities, including but not
limited to placement of seasonal or temporary use items such
as lifeguard towers, mobile food units, portable restrooms, or
similar items in generally the same locations from time to
time in publicly owned parks, stadiums, or other facilities
designed for public use.
THIS BILL :
1)Authorizes, on or before July 1, 2015, OPR to draft revisions
to the CEQA Guidelines to include a class of projects
involving minor temporary uses of land and public gatherings
that have been determined not to have a significant effect on
the environment and that shall be exempt from CEQA. If OPR
drafts these revisions and transmits them to the Natural
Resources Agency, requires the Natural Resources Agency to
certify and adopt the proposed revisions on or before January
1, 2016.
2)Clarifies that when an environmental impact report has been
prepared for a project pursuant to CEQA, a subsequent or
supplemental EIR is not required unless, among other things,
new information becomes available that was not known and could
not have been known by the lead agency or any responsible
agency at the time the environmental impact report was
certified as complete
FISCAL EFFECT : According to the Senate Appropriations
Committee, one-time costs of approximately $50,000 from the
General Fund to OPR to create a new categorical exemption for
minor temporary uses of land and public gatherings.
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COMMENTS : The bill is in response to a lawsuit filed against
the City of San Diego (City) concerning its permitting of
fireworks shows. In this case, the City intended to set up a
ministerial permitting process for fireworks shows in an attempt
to avoid the CEQA review process. The plaintiff's position was
that the City's permitting process involved a discretionary
decision by the city manager and therefore was subject to CEQA.
The lower court agreed with the plaintiff. In response to this
case, the City amended its special event ordinance in an attempt
to make the permitting process truly ministerial. The plaintiff
sued again asserting that the ordinance amendments themselves
required CEQA review because they represent a governmental
action with potential adverse environmental consequences. The
court ruled in favor of the plaintiff for a second time. This
case is now being appealed.
What is interesting about these cases is that CEQA contains a
categorical exemption for "minor temporary use of land." This
exemption, found in the CEQA Guidelines, applies to "minor
temporary use of land having negligible or no permanent effects
on the environment, including carnivals, sales of Christmas
trees, etc." The City, however, has not invoked this exemption
because it is focused on its ministerial permit argument.
In light of these cases, some local governments and sponsors of
local events such as nonprofit groups, charities, schools,
businesses, farmers' markets, tourism boards, and others have
become concerned that they may have to fully comply with CEQA
for their temporary events. Their concerns may be exaggerated
because it is likely that most of their events will qualify
under the minor temporary use of land exemption. This bill is
an attempt to help calm these concerns by authorizing OPR to
propose revisions to the CEQA Guideline for temporary events of
all sorts that it determines do not have a significant effect on
the environment and are qualified to be exempt from CEQA. This
should provide expert guidance to local governments about how
properly to consider local events in their jurisdictions under
CEQA and how to apply the existing CEQA exemptions.
On an unrelated point, the bill also clarifies that supplemental
environmental impact reports would be required when new
information is known to the lead agency or a responsible agency.
Suggested Amendments: The committee and author may wish to
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amend Section 1 of the bill to include the following clean up
language:
21084.2. (a) On or before July 1, 2015, the Office of Planning
and Research may draft revise and transmit to the Secretary of
the Natural Resources Agency for certification and adoption
revisions to the guidelines to include a class of projects
involving minor temporary uses of land and public gatherings
that have been determined not to have a significant effect on
the environment and that shall be exempt from this division.
(b) If the Office of Planning and Research transmits revisions
pursuant to subdivision (a) , On or before January 1, 2016, the
Secretary of the Natural Resources Agency shall certify and
adopt the proposed revisions prepared pursuant to subdivision
(a) in accordance with Section 21083 on or before January 1,
2016 .
(c) This section shall not be construed to be a limitation on
requirements under this division and any other laws.
(d) This section does not affect a pending action or proceeding
challenging the issuance of a permit for the temporary uses of
land and public gathering based on an alleged violation of this
division that is filed before January 1, 2014.
REGISTERED SUPPORT / OPPOSITION :
Support
California Travel Association
Opposition
None on file
Analysis Prepared by : Mario DeBernardo / NAT. RES. / (916)
319-2092