Amended in Assembly September 6, 2013

Amended in Assembly August 6, 2013

Amended in Senate May 24, 2013

Amended in Senate May 7, 2013

Amended in Senate April 23, 2013

Senate BillNo. 731


Introduced by Senators Steinberg and Hill

February 22, 2013


An act to amend, repeal, and add Section 705 of the Fish and Game Code, to amendbegin delete Sectionend deletebegin insert Sections 65088.1, 65088.4, andend insert 65457 of the Government Code, and to amend Sections 21081, 21081.5, 21081.6, 21167, 21167.6, 21167.7, and 21168.9 of, to add Sectionsbegin delete 21167.6.2 andend deletebegin insert 21083.06, 21167.6.2,end insert 21167.6.3 to, and to add Chapter 2.7 (commencing with Section 21099) to Division 13 of, the Public Resources Code, relating to the environment.

LEGISLATIVE COUNSEL’S DIGEST

SB 731, as amended, Steinberg. Environment: California Environmental Quality Act.

(1) The California Environmental Quality Act, or CEQA, requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report, or 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 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. CEQA requires the Office of Planning and Research to develop and prepare, and the Secretary of the Natural Resources Agency to certify and adopt, guidelines for the implementation of CEQA by public agencies. 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. CEQA establishes time periods within which a person is required to bring a judicial action or proceeding to challenge a public agency’s action taken pursuant to CEQA.

This bill would provide that aesthetic and parking impacts of a residential, mixed-use residential, or employment center project, as defined, on an infill site, as defined, within a transit priority area, as defined, shall not be considered significant impacts on the environment. The bill would require the office to prepare and submit to the Secretary of the Natural Resources Agency, and the secretary to certify and adopt, revisions to the guidelines for the implementation of CEQA establishing thresholds of significance for noise and transportation impacts ofbegin delete residential, mixed-use residential, or employment centerend delete projects within transit priority areas.begin insert The bill would require the office, on or before July 1, 2015, to prepare, develop, and transmit to the secretary recommended proposed changes or amendments to the guidelines establishing criteria for a lead agency to assess the need for translating specified notices into non-English languages and requirements for the posting of those notices in non-English languages. Because the bill would require the development of guidelines that would require a lead agency to translate notices into non-English languages and to post those translated notices, this bill would impose a state-mandated local program.end insert The bill would require the lead agency, in making specified findings, to make those findings available to the public at leastbegin delete 15end deletebegin insert 10end insert days prior to the approval of the proposed project and to provide specified notice of the availability of the findings for public review. Because the bill would require the lead agency to make the draft finding available for public review and to provide specified notices to the public, this bill would impose a state-mandated local program. The bill would require the lead agency, at the request of a project applicant for specified projects, to, among other things, prepare a record of proceedings concurrently with the preparation of negative declarations, mitigated negative declarations, EIRs, or other environmental documents for specified projects. Because the bill would require a lead agency to prepare the record of proceedings as provided, this bill would impose a state-mandated local program. The bill would authorize the tolling of the time period in which a person is required to bring a judicial action or proceeding challenging a public agency’s action taken pursuant to CEQA through a tolling agreement that does not exceed 4 years. The bill would authorize the extension of the tolling agreement.

(2) For mitigation measures required pursuant to an EIR or a mitigated negative declaration, CEQA requires the lead agency to adopt a reporting and monitoring program to ensure compliance with those required mitigation measures during project implementation.

This bill would require the lead agency,begin delete as a part of the mitigation and monitoring plan,end deletebegin insert upon the request of a member of the public,end insert to prepare or cause to be preparedbegin delete an annualend deletebegin insert aend insert report on project compliance with the required mitigation measuresbegin insert, as a part of the mitigation and monitoring plan,end insert that is publicly available online. Because the lead agency would be required to prepare and make available this report, this bill would impose a state-mandated local program.

(3) Existing law exempts from the requirements of CEQA residential development projects that are undertaken to implement, and are consistent with a specific plan for which an EIR has been certified after January 1, 1980. Existing law provides that this exemption does not apply if, after the certification of the EIR, a specified event occurs, unless a supplemental EIR for the specified plan is prepared and certified.

This bill would specify that the event does not include new information consisting solely ofbegin delete 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 caused by, physical impacts on the environment.end deletebegin insert specified information.end insert

(4) CEQA requires the court, if the court finds that a public agency has violated the requirements of CEQA, to issue an order containing specified mandates.

This bill would require the court to issue an order that includes a peremptory writ of mandate specifying actions that a public agency needs to take to comply with the requirements of CEQA. The bill would require the writ to specify the time by which the public agency is to file an initial return to a writ containing specified information. Because a public agency would be required to file an initial return to a writ, this bill would impose a state-mandated local program.

(5) CEQA requires every person bringing an action or proceeding alleging a violation of CEQA to furnish to the Attorney General a copy of the pleading within 10 days after filing and a copy of any amended or supplemental pleading.

This bill would require the California Research Bureau, subject to the availability of funding and of information, to annually submit to the Legislature a report containing specified information on CEQA litigation in the state.

(6) Existing law requires the regional transportation plan for regions of the state with a metropolitan planning organization to each adopt a sustainable communities strategy, as part of their regional transportation plan, as specified, designed to achieve certain goals for the reduction of greenhouse gas emissions from automobiles and light trucks in a region. Existing law establishes the Strategic Growth Council to manage and award grants and loans to support the planning and development of sustainable communities strategies.

This bill would state the intent of the Legislature to appropriate $30,000,000 annually by the council for the purposes of providing competitive grants to local agencies for planning activities for the implementation of the sustainable communities strategy.

begin insert

(7) Existing law requires the development, adoption, and updating of a congestion management program for each county that includes an urbanized area, as defined. The plan is required to contain specified elements and to be submitted to regional agencies, as defined, for determination of whether the program is consistent with regional transportation plans. The regional agency is then directed to monitor the implementation of all elements of each congestion management program. The required elements include traffic level of service standards for a system of designated highways and roadways. Existing law defines “infill opportunity zone” for purposes of the above-described provisions and exempts streets and highways in an infill opportunity zone from the level of service standards specified in the above-described provisions and instead requires alternate level of service standards to be applied. Existing law prohibits a city or county from designating an infill opportunity zone after December 31, 2009.

end insert
begin insert

This bill would revise the definition of “infill opportunity zone,” as specified. The bill would authorize the designation of an infill opportunity zone that is a transit priority area within a sustainable communities strategy or alternative planning strategy adopted by an applicable metropolitan planning organization.

end insert
begin insert

(8) Existing law terminates the designation of an infill opportunity zone if no development project is completed within that zone within 4 years from the date of the designation.

end insert
begin insert

This bill would repeal this provision.

end insert
begin delete

(7)

end delete

begin insert(9)end insert This bill would, until January 1, 2017, establish in the office of the Governor the position of Advisor on Renewable Energy Facilities.

begin delete

(8)

end delete

begin insert(10)end insert 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.

This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

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

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

begin delete
P5    1

SECTION 1.  

(a) (1) It is the intent of the Legislature to update
2the California Environmental Quality Act (Division 13
3(commencing with Section 21000) of the Public Resources Code)
4to establish thresholds of significance for noise and transportation
5impacts for transit-oriented infill projects.

6(2) It is not the intent of the Legislature to affect the authority,
7consistent with CEQA, for a local agency to impose its own, more
8stringent thresholds.

9(b) It is the intent of the Legislature to amend Section 65457 of
10the Government Code, which exempts from the California
11Environmental Quality Act projects undertaken pursuant to a
12specific plan for which an environmental impact report has been
13prepared, unless conditions specified under Section 21166 of the
14Public Resources Code have occurred, to define with greater
15specificity what “new information” means, and to avoid duplicative
P6    1review undertaken pursuant to the California Environmental
2Quality Act for projects and activities that comply with that plan.

3(c) It is the intent of the Legislature to enact amendments to
4Section 21168.9 to establish clearer procedures for a trial court to
5remand to a lead agency for remedying only those portions of an
6environmental impact report, negative declaration, or mitigated
7negative declaration found to be in violation of the California
8Environmental Quality Act, while retaining those portions that are
9not in violation so that the violations can be corrected, recirculated
10 for public comment, and completed more efficiently and
11expeditiously. It is further the intent of the Legislature to specify
12the circumstances under which a court could allow project
13approvals to remain in place, and for projects to proceed.

end delete
14

begin deleteSEC. 2.end delete
15begin insertSECTION 1.end insert  

This act shall be known, and may be cited, as the
16CEQA Modernization Act of 2013.

17begin insert

begin insertSEC. 2.end insert  

end insert
begin insert

(a) The Legislature finds and declares the following:

end insert
begin insert

18(1) With the adoption of Chapter 728 of the Statutes of 2008,
19popularly known as the Sustainable Communities and Climate
20Protection Act of 2008, the Legislature signaled its commitment
21to encouraging land use and transportation planning decisions
22and investments that reduce vehicle miles traveled and contribute
23to the reductions in greenhouse gas emissions required in the
24California Global Warming Solutions Act of 2006 (Division 25.5
25(commencing with Section 38500) of the Health and Safety Code).
26Similarly, the California Complete Streets Act of 2008 (Chapter
27657 of the Statutes of 2008) requires local governments to plan
28for a balanced, multimodal transportation network that meets the
29needs of all users of streets, roads, and highways for safe and
30convenient travel.

end insert
begin insert

31(2) Transportation analyses under the California Environmental
32Quality Act (Division 13 (commencing with Section 21000) of the
33Public Resources Code) typically study changes in auto delay.
34New methodologies under the California Environmental Quality
35Act are needed for evaluating transportation impacts that are
36better able to promote the state’s goals of reducing greenhouse
37gas emissions and traffic-related air pollution, promoting the
38development of a multimodal transportation system, and providing
39clean, efficient access to destinations. The Sustainable
40Communities and Climate Protection Act of 2008 created new
P7    1provisions in the California Environmental Quality Act for projects
2in transit priority areas. The Office of Planning and Research
3should similarly be directed to prepare new criteria for assessing
4the significance of transportation impacts that will help the state
5to achieve its goals within transit priority areas.

end insert
begin insert

6(b) It is the intent of the Legislature to do all of the following:

end insert
begin insert

7(1) Ensure that the environmental impacts of traffic, such as
8noise, air pollution, and safety concerns, continue to be properly
9addressed and mitigated through the California Environmental
10Quality Act.

end insert
begin insert

11(2) Amend Section 65457 of the Government Code, which
12exempts from the California Environmental Quality Act projects
13undertaken pursuant to a specific plan for which an environmental
14impact report has been prepared, unless conditions specified under
15Section 21166 of the Public Resources Code have occurred, to
16define with greater specificity what “new information” means,
17and to avoid duplicative review undertaken pursuant to the
18California Environmental Quality Act for projects and activities
19that comply with that plan.

end insert
begin insert

20(3) Enact amendments to Section 21168.9 of the Public
21Resources Code to establish clearer procedures for a trial court
22to remand to a lead agency for remedying only those portions of
23an environmental impact report, negative declaration, or mitigated
24negative declaration found to be in violation of the California
25Environmental Quality Act, while retaining those portions that
26are not in violation so that the violations can be corrected,
27recirculated for public comment, and completed more efficiently
28and expeditiously.

end insert
begin insert

29(4) Specify the circumstances under which a court could allow
30project approvals to remain in place and for projects to proceed.

end insert
31

SEC. 3.  

Section 705 of the Fish and Game Code is amended
32to read:

33

705.  

(a) For purposes of this section, “eligible renewable
34energy resources” has the same meaning as in the California
35Renewables Portfolio Standard Program (Article 16 (commencing
36with Section 399.11) of Chapter 2.3 of Part 1 of Division 1 of the
37Public Utilities Code).

38(b) The department shall establish an internal division with the
39primary purpose of performing comprehensive planning and
P8    1environmental compliance services with priority given to projects
2involving the building of eligible renewable energy resources.

3(c) The internal division shall ensure the timely completion of
4plans pursuant to the Natural Community Conservation Planning
5Act (Chapter 10 (commencing with Section 2800) of Division 3).

6(d) The position of Advisor on Renewable Energy Facilities is
7hereby established in the office of the Governor.

8(e) This section shall remain in effect only until January 1, 2017,
9and as of that date is repealed, unless a later enacted statute, that
10is enacted before January 1, 2017, deletes or extends that date.

11

SEC. 4.  

Section 705 is added to the Fish and Game Code, to
12read:

13

705.  

(a) For purposes of this section, “eligible renewable
14energy resources” has the same meaning as in the California
15Renewables Portfolio Standard Program (Article 16 (commencing
16with Section 399.11) of Chapter 2.3 of Part 1 of Division 1 of the
17Public Utilities Code).

18(b) The department shall establish an internal division with the
19primary purpose of performing comprehensive planning and
20environmental compliance services with priority given to projects
21involving the building of eligible renewable energy resources.

22(c) The internal division shall ensure the timely completion of
23plans pursuant to the Natural Community Conservation Planning
24Act (Chapter 10 (commencing with Section 2800) of Division 3).

25(d) This section shall become operative on January 1, 2017.

26begin insert

begin insertSEC. 5.end insert  

end insert

begin insertSection 65088.1 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
27to read:end insert

28

65088.1.  

As used in this chapter the following terms have the
29following meanings:

begin delete

30(a) Unless the context requires otherwise, “regional agency”
31means the agency responsible for preparation of the regional
32transportation improvement program.

end delete
begin delete

33(b)

end delete

34begin insert(a)end insert Unless the context requires otherwise, “agency” means the
35agency responsible for the preparation and adoption of the
36congestion management program.

begin insert

37(b) “Bus rapid transit corridor” means a bus service that
38includes at least four of the following attributes:

end insert
begin insert

39(1) Coordination with land use planning.

end insert
begin insert

40(2) Exclusive right-of-way.

end insert
begin insert

P9    1(3) Improved passenger boarding facilities.

end insert
begin insert

2(4) Limited stops.

end insert
begin insert

3(5) Passenger boarding at the same height as the bus.

end insert
begin insert

4(6) Prepaid fares.

end insert
begin insert

5(7) Real-time passenger information.

end insert
begin insert

6(8) Traffic priority at intersections.

end insert
begin insert

7(9) Signal priority.

end insert
begin insert

8(10) Unique vehicles.

end insert

9(c) “Commission” means the California Transportation
10Commission.

11(d) “Department” means the Department of Transportation.

begin delete

12(e) “Local jurisdiction” means a city, a county, or a city and
13county.

end delete
begin delete

14(f) “Parking cash-out program” means an employer-funded
15program under which an employer offers to provide a cash
16allowance to an employee equivalent to the parking subsidy that
17the employer would otherwise pay to provide the employee with
18a parking space. “Parking subsidy” means the difference between
19the out-of-pocket amount paid by an employer on a regular basis
20in order to secure the availability of an employee parking space
21not owned by the employer and the price, if any, charged to an
22employee for use of that space.

end delete
begin delete

23A parking cash-out program may include a requirement that
24employee participants certify that they will comply with guidelines
25established by the employer designed to avoid neighborhood
26parking problems, with a provision that employees not complying
27with the guidelines will no longer be eligible for the parking
28cash-out program.

end delete
begin delete

29(g)

end delete

30begin insert(e)end insert “Infill opportunity zone” means a specific area designated
31by a city or county, pursuant to subdivision (c) of Section 65088.4,
32begin delete zoned for new compact residential or mixed use development
33within one-third mile of a site with an existing or future rail transit
34station, a ferry terminal served by either a bus or rail transit service,
35an intersection of at least two major bus routes, or within 300 feet
36of a bus rapid transit corridor, in counties with a population over
37400,000. The mixed use development zoning shall consist of three
38or more land uses that facilitate significant human interaction in
39close proximity, with residential use as the primary land use
40supported by other land uses such as office, hotel, health care,
P10   1hospital, entertainment, restaurant, retail, and service uses. The
2transit service shall have maximum scheduled headways of 15
3minutes for at least 5 hours per day. A qualifying future rail station
4shall have broken ground on construction of the station and
5programmed operational funds to provide maximum scheduled
6headways of 15 minutes for at least 5 hours per day.end delete
begin insert that is within
7one-half mile of a major transit stop or high-quality transit corridor
8included in a regional transportation plan. A major transit stop
9is as defined in Section 21064.3 of the Public Resources Codeend insert
begin insert,
10except that, for purposes of this section, it also includes major
11transit stops that are included in the applicable regional
12transportation plan. For purposes of this section, a high-quality
13transit corridor means a corridor with fixed route bus service with
14service intervals no longer than 15 minutes during peak commute
15hours.end insert

begin delete

16(h)

end delete

17begin insert(f)end insert “Interregional travel” means any trips that originate outside
18the boundary of the agency. A “trip” means a one-direction vehicle
19movement. The origin of any trip is the starting point of that trip.
20A roundtrip consists of two individual trips.

begin delete

21(i)

end delete

22begin insert(g)end insert “Level of service standard” is a threshold that defines a
23deficiency on the congestion management program highway and
24roadway system which requires the preparation of a deficiency
25plan. It is the intent of the Legislature that the agency shall use all
26elements of the program to implement strategies and actions that
27avoid the creation of deficiencies and to improve multimodal
28mobility.

begin insert

29(h) “Local jurisdiction” means a city, a county, or a city and
30county.

end insert
begin delete

31(j)

end delete

32begin insert(i)end insert “Multimodal” means the utilization of all available modes
33of travel that enhance the movement of people and goods,
34including, but not limited to, highway, transit, nonmotorized, and
35demand management strategies including, but not limited to,
36telecommuting. The availability and practicality of specific
37multimodal systems, projects, and strategies may vary by county
38and region in accordance with the size and complexity of different
39urbanized areas.

begin insert

P11   1(j) (1) “Parking cash-out program” means an employer-funded
2program under which an employer offers to provide a cash
3allowance to an employee equivalent to the parking subsidy that
4the employer would otherwise pay to provide the employee with
5a parking space. “Parking subsidy” means the difference between
6the out-of-pocket amount paid by an employer on a regular basis
7in order to secure the availability of an employee parking space
8not owned by the employer and the price, if any, charged to an
9employee for use of that space.

end insert
begin insert

10(2) A parking cash-out program may include a requirement that
11employee participants certify that they will comply with guidelines
12established by the employer designed to avoid neighborhood
13parking problems, with a provision that employees not complying
14with the guidelines will no longer be eligible for the parking
15cash-out program.

end insert

16(k) “Performance measure” is an analytical planning tool that
17is used to quantitatively evaluate transportation improvements and
18to assist in determining effective implementation actions,
19considering all modes and strategies. Use of a performance measure
20as part of the program does not trigger the requirement for the
21preparation of deficiency plans.

22(l) “Urbanized area” has the same meaning as is defined in the
231990 federal census for urbanized areas of more than 50,000
24population.

begin delete

25(m) “Bus rapid transit corridor” means a bus service that
26includes at least four of the following attributes:

end delete
begin delete

27(1) Coordination with land use planning.

end delete
begin delete

28(2) Exclusive right-of-way.

end delete
begin delete

29(3) Improved passenger boarding facilities.

end delete
begin delete

30(4) Limited stops.

end delete
begin delete

31(5) Passenger boarding at the same height as the bus.

end delete
begin delete

32(6) Prepaid fares.

end delete
begin delete

33(7) Real-time passenger information.

end delete
begin delete

34(8) Traffic priority at intersections.

end delete
begin delete

35(9) Signal priority.

end delete
begin delete

36(10) Unique vehicles.

end delete
begin insert

37(m) Unless the context requires otherwise, “regional agency”
38means the agency responsible for preparation of the regional
39transportation improvement program.

end insert
P12   1begin insert

begin insertSEC. 6.end insert  

end insert

begin insertSection 65088.4 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
2to read:end insert

3

65088.4.  

(a) It is the intent of the Legislature to balance the
4need for level of service standards for traffic with the need to build
5infill housing and mixed use commercial developments within
6walking distance of mass transit facilities, downtowns, and town
7centers and to provide greater flexibility to local governments to
8balance these sometimes competing needs.

9(b) Notwithstanding any other provision of law, level of service
10standards described in Section 65089 shall not apply to the streets
11and highways within an infill opportunity zone.begin delete The city or county
12shall do either of the following:end delete

begin delete

13(1) Include these streets and highways under an alternative
14areawide level of service standard or multimodal composite or
15personal level of service standard that takes into account both of
16the following:

end delete
begin delete

17(A) The broader benefits of regional traffic congestion reduction
18by siting new residential development within walking distance of,
19and no more than one-third mile from, mass transit stations, shops,
20and services, in a manner that reduces the need for long vehicle
21commutes and improves the jobs-housing balance.

end delete
begin delete

22(B) Increased use of alternative transportation modes, such as
23mass transit, bicycling, and walking.

end delete
begin delete

24(2) Approve a list of flexible level of service mitigation options
25that includes roadway expansion and investments in alternate
26modes of transportation that may include, but are not limited to,
27transit infrastructure, pedestrian infrastructure, and ridesharing,
28vanpool, or shuttle programs.

end delete

29(c) The city or county may designate an infill opportunity zone
30by adopting a resolution after determining that the infill opportunity
31zone is consistent with the general plan and any applicable specific
32begin delete plan. A city or county may not designate an infill opportunity zone
33after December 31, 2009.end delete
begin insert plan, and is a transit priority area within
34a sustainable communities strategy or alternative planning strategy
35adopted by the applicable metropolitan planning organization.end insert

begin delete

36(d) The city or county in which the infill opportunity zone is
37located shall ensure that a development project shall be completed
38within the infill opportunity zone not more than four years after
39the date on which the city or county adopted its resolution pursuant
40to subdivision (c). If no development project is completed within
P13   1an infill opportunity zone by the time limit imposed by this
2subdivision, the infill opportunity zone shall automatically
3terminate.

end delete
4

begin deleteSEC. 5.end delete
5begin insertSEC. 7.end insert  

Section 65457 of the Government Code is amended
6to read:

7

65457.  

(a) A residential development project, including any
8subdivision, or any zoning change that is undertaken to implement,
9and is consistent with, a specific plan for which an environmental
10impact report has been certified after January 1, 1980, is exempt
11from the requirements of Division 13 (commencing with Section
1221000) of the Public Resources Code. However, if after adoption
13of the specific plan, an event as specified in Section 21166 of the
14Public Resources Code occurs, the exemption provided by this
15subdivision does not apply unless and until a supplemental
16environmental impact report for the specific plan is prepared and
17certified in accordance with the provisions of Division 13
18(commencing with Section 21000) of the Public Resources Code.
19After a supplemental environmental impact report is certified, the
20exemption specified in this subdivision applies to projects
21undertaken pursuant to the specific plan.

22(b) An action or proceeding alleging that a public agency has
23approved a project pursuant to a specific plan without having
24previously certified a supplemental environmental impact report
25for the specific plan, where required by subdivision (a), shall be
26commenced within 30 days of the public agency’s decision to carry
27out or approve the project.

28(c) For the purposes of this section, “an event as specified in
29Section 21166 of the Public Resources Code” does not include
30any new information consisting solely of begin delete argument, speculation,
31unsubstantiated opinion or narrative, evidence that is clearly
32inaccurate or erroneous, or evidence of social or economic impacts
33that do not contribute to, or are not caused by, physical impacts
34on the environment.end delete
begin insert information described in subdivision (c) of
35Section 21082.2.end insert

36begin insert

begin insertSEC. 8.end insert  

end insert

begin insertSection 21083.06 is added to the end insertbegin insertPublic Resources
37Code
end insert
begin insert, to read:end insert

begin insert
38

begin insert21083.06.end insert  

(a) On or before July 1, 2015, the Office of Planning
39and Research shall prepare, develop, and transmit to the Secretary
40of the Natural Resources Agency recommended proposed changes
P14   1or amendments to the guidelines establishing criteria for a lead
2agency to assess the need for translating notices required pursuant
3to Sections 21083.9, 21092, 21108, and 21152 into non-English
4languages for projects considered pursuant to CEQA and
5requirements for posting these notices in non-English languages.

6(b) On or before January 1, 2016, the Secretary of the Natural
7Resources Agency shall certify and adopt guidelines prepared and
8developed by the Office of Planning and Research pursuant to
9subdivision (a).

end insert
10

begin deleteSEC. 6.end delete
11begin insertSEC. 9.end insert  

Section 21081 of the Public Resources Code is
12amended to read:

13

21081.  

(a) Pursuant to the policy stated in Sections 21002 and
1421002.1, a public agency shall not approve or carry out a project
15for which an environmental impact report has been certified that
16identifies one or more significant effects on the environment that
17would occur if the project is approved or carried out, unless both
18of the following occur:

19(1) The public agency makes one or more of the following
20findings with respect to each significant effect:

21(A) Changes or alterations have been required in, or incorporated
22into, the project that mitigate or avoid the significant effects on
23the environment.

24(B) Those changes or alterations are within the responsibility
25and jurisdiction of another public agency and have been, or can
26and should be, adopted by that other agency.

27(C) Specific economic, legal, social, technological, or other
28considerations, including considerations for the provision of
29employment opportunities for highly trained workers, make
30infeasible the mitigation measures or alternatives identified in the
31environmental impact report.

32(2) With respect to significant effects that were subject to a
33finding under subparagraph (C) of paragraph (1), the public agency
34finds that specific overriding economic, legal, social, technological,
35or other benefits of the project outweigh the significant effects on
36the environment.

37(b) A project applicant forbegin insert a project, includingend insert a renewable
38energybegin delete projectend deletebegin insert project,end insert may present to the public agency, orally
39or in writing, the benefits onsite or offsite of the project, including,
40but not limited to, measures that will mitigate greenhouse gas
P15   1emissions resulting from the project or measures that will
2significantly reduce traffic, improve airbegin delete qualityend deletebegin insert quality,end insert or replace
3higher emitting energy sources, and other significant environmental
4or public health impacts.

5

begin deleteSEC. 7.end delete
6begin insertSEC. 10.end insert  

Section 21081.5 of the Public Resources Code is
7amended to read:

8

21081.5.  

(a) In making the findings required by paragraph (3)
9of subdivision (a) of, and subdivision (b) of, Section 21081, the
10public agency shall base its findings on substantial evidence in the
11record. Those findings shall be made available in draft form for
12review by the members of the public for at leastbegin delete 15end deletebegin insert 10end insert days prior
13to approval of the proposed project.begin insert A lead agency may provide a
14copy of the draft findings and the notice of their proposed adoption
15pursuant to Section 54957.5 of the Government Code if the posting
16of the draft finding and notice otherwise complies with this section.end insert

17(b) To make the draft findings available to the members of the
18public for the purposes of subdivision (a), the lead agency shall
19provide a notice of availability of the findings for review at the
20lead agency’s office during normal business hours through all of
21the following mechanisms:

22(1) Publication in a newspaper of general circulation in the area
23affected by the proposed project. If more than one area will be
24affected, the notice shall be published in the newspaper with the
25largest circulation from among the newspapers of general
26circulation in those areas.

27(2) By electronic mail, if available, and mail to the last known
28name and address of all individuals and organizations that have
29submitted timely comments on the draft environmental impact
30report.

31(3) By electronic mail, if available, and mail to responsible and
32trustee agencies that have submitted timely comments on the draft
33environmental impact report.

34(4) By electronic mail, if available, and mail to the project
35applicant, if different from the lead agency, and the applicant’s
36duly authorized agent.

37(5) By electronic mail, if available, and mail to a person who
38has filed a written request for notice with the clerk of the governing
39body, if there is no governing body, the director of the agency.

P16   1

begin deleteSEC. 8.end delete
2begin insertSEC. 11.end insert  

Section 21081.6 of the Public Resources Code is
3amended to read:

4

21081.6.  

(a) When making the findings required by paragraph
5(1) of subdivision (a) of Section 21081 or when adopting a
6mitigated negative declaration pursuant to paragraph (2) of
7subdivision (c) of Section 21080, the following requirements shall
8apply:

9(1)  The public agency shall adopt a reporting or monitoring
10program for the changes made to the project or conditions of
11project approval, adopted in order to mitigate or avoid significant
12effects on the environment. The reporting or monitoring program
13shall be designed to ensure compliance during project
14implementation. For those changes which have been required or
15incorporated into the project at the request of a responsible agency
16or a public agency having jurisdiction by law over natural resources
17affected by the project, that agency shall, if so requested by the
18lead agency or a responsible agency, prepare and submit a proposed
19reporting or monitoring program.

20(2) The lead agency shall specify the location and custodian of
21the documents or other material which constitute the record of
22proceedings upon which its decision is based.

23(b) A public agency shall provide that measures to mitigate or
24avoid significant effects on the environment are fully enforceable
25through permit conditions, agreements, or other measures.
26Conditions of project approval may be set forth in referenced
27documents which address required mitigation measures or, in the
28case of the adoption of a plan, policy, regulation, or other public
29project, by incorporating the mitigation measures into the plan,
30policy, regulation, or project design.

31(c) Prior to the close of the public review period for a draft
32environmental impact report or mitigated negative declaration, a
33responsible agency, or a public agency having jurisdiction over
34natural resources affected by the project, shall either submit to the
35lead agency complete and detailed performance objectives for
36mitigation measures which would address the significant effects
37on the environment identified by the responsible agency or agency
38having jurisdiction over natural resources affected by the project,
39or refer the lead agency to appropriate, readily available guidelines
40or reference documents. Any mitigation measures submitted to a
P17   1lead agency by a responsible agency or an agency having
2jurisdiction over natural resources affected by the project shall be
3limited to measures which mitigate impacts to resources which
4are subject to the statutory authority of, and definitions applicable
5to, that agency. Compliance or noncompliance by a responsible
6agency or agency having jurisdiction over natural resources
7affected by a project with that requirement shall not limit the
8authority of the responsible agency or agency having jurisdiction
9over natural resources affected by a project, or the authority of the
10lead agency, to approve, condition, or deny projects as provided
11by this division or any other provision of law.

12(d) As a part of the mitigation monitoring plan established
13pursuant to this section,begin insert and upon the request of a member of the
14public,end insert
the lead agency shall prepare or cause to be preparedbegin delete an
15annualend delete
begin insert aend insert report on project compliance with mitigation measures
16required pursuant to this division.begin delete Theend deletebegin insert To the extent the lead agency
17operates or maintains an Internet Web site, theend insert
report shall be
18made publicly available online to enhance public disclosure and
19accountability. The lead agency may cease reporting once all
20mitigation measures are completed.

21

begin deleteSEC. 9.end delete
22begin insertSEC. 12.end insert  

Chapter 2.7 (commencing with Section 21099) is
23added to Division 13 of the Public Resources Code, to read:

24 

25Chapter  2.7. begin deleteStandardized Thresholds of Significance end delete
26begin insertModernization of Transportation Analysis end insertfor
27Transit-Oriented Infill Projects
28

 

29

21099.  

(a) For purposes of this section, the following terms
30mean the following:

31(1) “Employment center project” means a project located on
32property zoned for commercial uses with a floor area ratio of no
33less than 0.75 and that is located within a transit priority area.

34(2) “Floor area ratio” means the ratio of gross building area of
35the development, excluding structured parking areas, proposed for
36the project divided by the net lot area.

37(3) “Gross building area” means the sum of all finished areas
38of all floors of a building included within the outside faces of its
39exterior walls.

P18   1(4) “Infill site” means a lot located within an urban area that
2has been previously developed, or on a vacant site where at least
375 percent of the perimeter of the site adjoins, or is separated only
4by anbegin delete improveend deletebegin insert improvedend insert public right-of-way from, parcels that are
5developed with qualified urban uses.

6(5) “Lot” means all parcels utilized by the project.

7(6) “Net lot area” means the area of a lot, excluding publicly
8dedicated land and private streets that meet local standards, and
9other public use areas as determined by the local land use authority.

10(7) “Transit priority area” means an area within one-half mile
11of a major transit stop that is existing or planned, if the planned
12stop is scheduled to be completed within the planning horizon
13included in a Transportation Improvement Program adopted
14pursuant to Section 450.216 or 450.322 of Title 23 of the Code of
15Federal Regulations.

begin delete

16(b) (1) The Office of Planning and Research shall prepare and
17submit to the Secretary of the Natural Resources Agency for
18certification and adoption, proposed revisions to the guidelines
19adopted pursuant to Section 21083 establishing thresholds of
20significance for noise and transportation impacts for residential,
21mixed-use residential, or employment center projects or infill sites
22within transit priority areas. The thresholds of significance shall
23be based upon a project’s proximity to a multimodal transportation
24network, its overall transportation accessibility, and its proximity
25to a diversity of land uses.

26(2) On or before July 1, 2014, the Office of Planning and
27Research shall circulate a draft revision prepared pursuant to
28paragraph (1).

end delete
begin insert

29(b) (1) The Office of Planning and Research shall prepare,
30develop, and transmit to the Secretary of the Natural Resources
31Agency for certification and adoption proposed revisions to the
32guidelines adopted pursuant to Section 21083 establishing criteria
33for determining the significance of transportation impacts of
34projects within transit priority areas. Those criteria may address
35a project’s vehicle miles traveled, vehicle miles traveled per capita,
36automobile trip generation rates, automobile trips generated, or
37other metrics that promote the reduction of greenhouse gas
38emissions, the development of multimodal transportation networks,
39and a diversity of land uses. The office may also establish criteria
40for models used in determining these impacts in order to be sure
P19   1the models are accurate, reliable, and consistent with the intent
2of this section.

end insert
begin insert

3(2) Upon certification of the guidelines by the Secretary of the
4Natural Resources Agency pursuant to this section, automobile
5delay, as described solely by level of service or similar measures
6of capacity or congestion within a transit priority area, shall not
7support a finding of significance pursuant to this division.

end insert
begin insert

8(3) This subdivision does not relieve a public agency from the
9requirement of analyzing a project’s potentially significant impacts
10related to air quality, noise, safety, or any other impact associated
11with transportation. The methodology established by these
12guidelines shall not create a presumption that a project will not
13result in significant impacts related to air quality, noise, safety,
14or any other impact associated with transportation.
15Notwithstanding the foregoing, the adequacy of parking for a
16project shall not support a finding of significance pursuant to this
17section.

end insert
begin insert

18(4) This subdivision does not preclude the application of local
19general plan policies, zoning codes, conditions of approval,
20thresholds, or any other planning requirements pursuant to the
21police power or any other authority.

end insert
begin insert

22(5) On or before July 1, 2014, the Office of Planning and
23Research shall circulate a draft revision prepared pursuant to
24paragraph (1).

end insert

25(c) (1) Aesthetic and parking impacts of a residential, mixed-use
26residential, or employment center project on an infill site within
27a transit priority area shall not be considered significant impacts
28on the environment.

29(2) (A) This subdivision does not affect, change, or modify the
30authority of a lead agency to consider aesthetic impacts pursuant
31to local design review ordinances or other discretionary powers
32provided by other laws or policies.

33(B) For the purposes of this subdivision, aesthetic impacts do
34not include impacts on historical or cultural resources.

begin delete

35(C) This subdivision does not affect the significance of traffic
36congestion on air quality.

end delete

37(d) This section does not affect the authority of a public agency
38to establish or adopt begin deletemore stringentend delete thresholds of significancebegin delete for
39projects subject to this division.end delete
begin insert that are more protective of the
40environment.end insert

P20   1

begin deleteSEC. 10.end delete
2begin insertSEC. 13.end insert  

Section 21167 of the Public Resources Code is
3amended to read:

4

21167.  

An action or proceeding to attack, review, set aside,
5void, or annul the following acts or decisions of a public agency
6on the grounds of noncompliance with this division shall be
7commenced as follows:

8(a) An action or proceeding alleging that a public agency is
9carrying out or has approved a project that may have a significant
10effect on the environment without having determined whether the
11project may have a significant effect on the environment shall be
12commenced within 180 days from the date of the public agency’s
13decision to carry out or approve the project, or, if a project is
14undertaken without a formal decision by the public agency, within
15180 days from the date of commencement of the project.

16(b) An action or proceeding alleging that a public agency has
17improperly determined whether a project may have a significant
18effect on the environment shall be commenced within 30 days
19from the date of the filing of the notice required by subdivision
20(a) of Section 21108 or subdivision (a) of Section 21152.

21(c) An action or proceeding alleging that an environmental
22impact report does not comply with this division shall be
23commenced within 30 days from the date of the filing of the notice
24required by subdivision (a) of Section 21108 or subdivision (a) of
25Section 21152 by the lead agency.

26(d) An action or proceeding alleging that a public agency has
27improperly determined that a project is not subject to this division
28pursuant to subdivision (b) of Section 21080 or Section 21172
29shall be commenced within 35 days from the date of the filing by
30the public agency, or person specified in subdivision (b) or (c) of
31Section 21065, of the notice authorized by subdivision (b) of
32Section 21108 or subdivision (b) of Section 21152. If the notice
33has not been filed, the action or proceeding shall be commenced
34within 180 days from the date of the public agency’s decision to
35carry out or approve the project, or, if a project is undertaken
36without a formal decision by the public agency, within 180 days
37from the date of commencement of the project.

38(e) An action or proceeding alleging that another act or omission
39of a public agency does not comply with this division shall be
40commenced within 30 days from the date of the filing of the notice
P21   1required by subdivision (a) of Section 21108 or subdivision (a) of
2Section 21152.

3(f) If a person has made a written request to the public agency
4for a copy of the notice specified in Section 21108 or 21152 prior
5to the date on which the agency approves or determines to carry
6out the project, then not later than five days from the date of the
7agency’s action, the public agency shall deposit a written copy of
8the notice addressed to that person in the United States mail, first
9class postage prepaid. The date upon which this notice is mailed
10shall not affect the time periods specified in subdivisions (b), (c),
11(d), and (e).

12(g) The limitation period provided pursuant to this section may
13be tolled for a period not to exceed four years if the agreement to
14toll the limitation period is in writing and signed by the party
15asserting noncompliance with this division, the public agency, and
16the real party in interest, as specified in subdivision (a) of Section
1721167.6.5, if any. The tolling agreement shall bar a defense to any
18action filed pursuant to this division that the action was not
19commenced within the time period specified in this section. Prior
20to the expiration of the tolling agreement, the tolling agreement
21may be renewed for a further period not to exceed four years from
22the immediately preceding tolling agreement. The extension of
23the tolling agreement may be made successively.

24

begin deleteSEC. 11.end delete
25begin insertSEC. 14.end insert  

Section 21167.6 of the Public Resources Code is
26amended to read:

27

21167.6.  

Notwithstanding any other provision of law, in all
28actions or proceedings brought pursuant to Section 21167, except
29as provided in Section 21167.6.2 or those involving the Public
30Utilities Commission, all of the following shall apply:

31(a) At the time that the action or proceeding is filed, the plaintiff
32or petitioner shall file a request that the respondent public agency
33prepare the record of proceedings relating to the subject of the
34action or proceeding. The request, together with the complaint or
35petition, shall be served personally upon the public agency not
36later than 10 business days from the date that the action or
37proceeding was filed.

38(b) (1) The public agency shall prepare and certify the record
39of proceedings not later than 60 days from the date that the request
40specified in subdivision (a) was served upon the public agency.
P22   1Upon certification, the public agency shall lodge a copy of the
2record of proceedings with the court and shall serve on the parties
3notice that the record of proceedings has been certified and lodged
4with the court. The parties shall pay any reasonable costs or fees
5imposed for the preparation of the record of proceedings in
6conformance with any law or rule of court.

7(2) The plaintiff or petitioner may elect to prepare the record
8of proceedings or the parties may agree to an alternative method
9of preparation of the record of proceedings, subject to certification
10of its accuracy by the public agency, within the time limit specified
11in this subdivision.

12(c) The time limit established by subdivision (b) may be
13extended only upon the stipulation of all parties who have been
14properly served in the action or proceeding or upon order of the
15court. Extensions shall be liberally granted by the court when the
16size of the record of proceedings renders infeasible compliance
17with that time limit. There is no limit on the number of extensions
18that may be granted by the court, but no single extension shall
19exceed 60 days unless the court determines that a longer extension
20is in the public interest.

21(d) If the public agency fails to prepare and certify the record
22within the time limit established in paragraph (1) of subdivision
23(b), or any continuances of that time limit, the plaintiff or petitioner
24may move for sanctions, and the court may, upon that motion,
25grant appropriate sanctions.

26(e) The record of proceedings shall include, but is not limited
27to, all of the following items:

28(1) All project application materials.

29(2) All staff reports and related documents prepared by the
30respondent public agency with respect to its compliance with the
31substantive and procedural requirements of this division and with
32respect to the action on the project.

33(3) All staff reports and related documents prepared by the
34respondent public agency and written testimony or documents
35submitted by any person relevant to any findings or statement of
36overriding considerations adopted by the respondent agency
37pursuant to this division.

38(4) Any transcript or minutes of the proceedings at which the
39decisionmaking body of the respondent public agency heard
40testimony on, or considered any environmental document on, the
P23   1project, and any transcript or minutes of proceedings before any
2advisory body to the respondent public agency that were presented
3to the decisionmaking body prior to action on the environmental
4documents or on the project.

5(5) All notices issued by the respondent public agency to comply
6with this division or with any other law governing the processing
7and approval of the project.

8(6) All written comments received in response to, or in
9connection with, environmental documents prepared for the project,
10including responses to the notice of preparation.

11(7) All written evidence or correspondence submitted to, or
12transferred from, the respondent public agency with respect to
13compliance with this division or with respect to the project.

14(8) Any proposed decisions or findings submitted to the
15 decisionmaking body of the respondent public agency by its staff,
16or the project proponent, project opponents, or other persons.

17(9) The documentation of the final public agency decision,
18including the final environmental impact report, mitigated negative
19declaration, or negative declaration, and all documents, in addition
20to those referenced in paragraph (3), cited or relied on in the
21findings or in a statement of overriding considerations adopted
22pursuant to this division.

23(10) Any other written materials relevant to the respondent
24public agency’s compliance with this division or to its decision on
25the merits of the project, including the initial study, any drafts of
26any environmental document, or portions thereof, that have been
27released for public review, and copies of studies or other documents
28relied upon in any environmental document prepared for the project
29and either made available to the public during the public review
30period or included in the respondent public agency’s files on the
31project, and all internal agency communications, including staff
32notes and memoranda related to the project or to compliance with
33this division.

34(11) The full written record before any inferior administrative
35decisionmaking body whose decision was appealed to a superior
36administrative decisionmaking body prior to the filing of litigation.

37(f) In preparing the record of proceedings, the party preparing
38the record shall strive to do so at reasonable cost in light of the
39scope of the record.

P24   1(g) The clerk of the superior court shall prepare and certify the
2clerk’s transcript on appeal not later than 60 days from the date
3that the notice designating the papers or records to be included in
4the clerk’s transcript was filed with the superior court, if the party
5or parties pay any costs or fees for the preparation of the clerk’s
6transcript imposed in conformance with any law or rules of court.
7Nothing in this subdivision precludes an election to proceed by
8appendix, as provided in Rule 8.124 of the California Rules of
9Court.

10(h) Extensions of the period for the filing of any brief on appeal
11may be allowed only by stipulation of the parties or by order of
12the court for good cause shown. Extensions for the filing of a brief
13on appeal shall be limited to one 30-day extension for the
14preparation of an opening brief, and one 30-day extension for the
15preparation of a responding brief, except that the court may grant
16a longer extension or additional extensions if it determines that
17there is a substantial likelihood of settlement that would avoid the
18necessity of completing the appeal.

19(i) At the completion of the filing of briefs on appeal, the
20appellant shall notify the court of the completion of the filing of
21briefs, whereupon the clerk of the reviewing court shall set the
22appeal for hearing on the first available calendar date.

23

begin deleteSEC. 12.end delete
24begin insertSEC. 15.end insert  

Section 21167.6.2 is added to the Public Resources
25Code
, to read:

26

21167.6.2.  

(a) (1)  Notwithstanding Section 21167.6, for a
27project described in Section 21167.6.3, the lead agency, upon the
28written request of a project applicant received no later than 30 days
29after the date that the lead agency makes a determination pursuant
30to subdivision (a) of Section 21080.1, Section 21094.5, or Chapter
314.2 (commencing with Section 21155), shall prepare and certify
32the record of proceedings in the following manner:

33(A) The lead agency for the project shall prepare the record of
34proceedings pursuant to this division concurrently with the
35administrativebegin delete process.end deletebegin insert process, in a standardized format, as
36determined by the lead agency.end insert

37(B) All documents and other materials placed in the record of
38proceedings shall be posted on, and be downloadable from, an
39Internet Web site maintained by the lead agency commencing with
40the date of the release of the draft environmental document for a
P25   1project specified in Section 21167.6.3. If the lead agency cannot
2maintain an Internet Web site with the information required
3pursuant to this section, the lead agency shall provide a link on
4the agency’s Internet Web site to that information.

5(C) The lead agency shall make available to the public in a
6readily accessible electronic format the draft environmental
7document for a project specified in Section 21167.6.3, and all other
8documents submitted to, cited by, or relied on by the lead agency,
9in the preparation of the draft environmental document for a project
10specified in Section 21167.6.3.

11(D) A document prepared by the lead agency or submitted by
12the applicant after the date of the release of the draft environmental
13document for a project specified in Section 21167.6.3 that is a part
14of the record of the proceedings shall be made available to the
15public in a readily accessible electronic format within five business
16days after the document is released or received by the lead agency.

17(E) The lead agency shall encourage written comments on the
18project to be submitted in a readily accessible electronic format,
19and shall make any comment available to the public in a readily
20accessible electronic format within five business days of its receipt.

21(F) Within seven business days after the receipt of any comment
22that is not in an electronic format, the lead agency shall convert
23that comment into a readily accessible electronic format and make
24it available to the public in that format.

25(G) The lead agency shall certify the record of proceedings
26within 30 days after the filing of the notice required pursuant to
27Section 21108 or 21152.

28(2) This subdivision does not require the disclosure or posting
29of any trade secret as defined in Section 6254.7 of the Government
30Code, information about the location of archaeological sites or
31sacred lands, or any other information that is subject to the
32disclosure restrictions of Section 6254 of the Government Code.

33(b) Any dispute regarding the record of proceedings shall be
34resolved by the court in an action or proceeding brought pursuant
35to subdivision (b) or (c) of Section 21167.

36(c) The content of the record of proceedings shall be as specified
37in subdivision (e) of Section 21167.6.

38(d) Subdivisions (g) to (i), inclusive, of Section 21167.6 are
39applicable to an appeal of a decision in an action or proceeding
40brought pursuant to subdivision (b) or (c) of Section 21167.

P26   1(e) The negative declaration, mitigated negative declaration,
2draft and final environmental impact report, or other environmental
3document for a project specified in Section 21167.6.3 shall include
4a notice in no less than 12-point type stating the following:


6“THIS NEGATIVE DECLARATION, MITIGATED
7NEGATIVE DECLARATION, EIR, OR ENVIRONMENTAL
8DOCUMENT IS SUBJECT TO SECTIONS 21167.6.2 AND
921167.6.3 OF THE PUBLIC RESOURCES CODE, WHICH
10REQUIRES THE RECORD OF PROCEEDINGS FOR THIS
11PROJECT TO BE PREPARED CONCURRENTLY WITH THE
12ADMINISTRATIVE PROCESS, DOCUMENTS PREPARED
13BY, OR SUBMITTED TO, THE LEAD AGENCY TO BE
14POSTED ON THE LEAD AGENCY’S INTERNET WEB SITE,
15AND THE LEAD AGENCY TO ENCOURAGE WRITTEN
16COMMENTS ON THE PROJECT TO BE SUBMITTED TO THE
17LEAD AGENCY IN A READILY ACCESSIBLE ELECTRONIC
18FORMAT.”


20(f) For a lead agency that is a state agency, this section shall
21apply if the state agency consents to the preparation of the record
22of proceedings pursuant to this section.

23

begin deleteSEC. 13.end delete
24begin insertSEC. 16.end insert  

Section 21167.6.3 is added to the Public Resources
25Code
, to read:

26

21167.6.3.  

(a) Section 21167.6.2 applies to the record of
27proceedings for the preparation of a negative declaration, mitigated
28negative declaration, environmental impact report, or other
29environmental document prepared for any of the following:

30(1) A project determined to be of statewide, regional, or
31areawide environmental significance pursuant to subdivision (d)
32of Section 21083.

33(2) A project subject tobegin delete Section 21094.5 ofend delete Chapter 4.2
34(commencing with Section 21155).

35(3) (A) A project, other than those described in paragraph (1)
36or (2), for which the project applicant has requested for, and the
37lead agency consents to, the preparation for the record of
38proceeding pursuant to this section and Section 21167.6.2.

39(B) The lead agency shall respond to a request by the project
40applicant within 10 business days from the date that the request
P27   1pursuant to subdivision (a) of Section 21167.6.2 is received by the
2lead agency.

3(C) A project applicant and the lead agency may mutually agree,
4in writing, to extend the time period for the lead agency to respond
5pursuant to subparagraph (B), but they shall not extend that period
6beyond the commencement of the public review period for the
7proposed negative declaration, mitigated negative declaration,
8draft environmental impact report, or other environmental
9document.

10(D) The request to prepare a record of proceedings pursuant to
11this paragraph shall be deemed denied if the lead agency fails to
12respond within 10 business days of receiving the request or within
13the time period agreed upon pursuant to subparagraph (C),
14whichever ends later.

15(b) The written request of the applicant submitted pursuant to
16subdivision (a) of Section 21167.6.2 shall include an agreement
17to pay all of the lead agency’s costs of preparing and certifying
18the record of proceedings pursuant to Section 21167.6.2 and
19complying with the requirements of this section and Section
2021167.6.2 in a manner specified by the lead agency.

21(c) The cost of preparing the record of proceedings pursuant to
22Section 21167.6.2 and complying with the requirements of this
23section and Section 21167.6.2 are not recoverable costs pursuant
24to Section 21167.6 or Sections 1032 to 1033.5, inclusive, of the
25Code of Civil Procedure.

26

begin deleteSEC. 14.end delete
27begin insertSEC. 17.end insert  

Section 21167.7 of the Public Resources Code is
28amended to read:

29

21167.7.  

(a) Every person who brings an action pursuant to
30Section 21167 shall comply with the requirements of Section 388
31of the Code of Civil Procedure. Every such person shall also furnish
32pursuant to Section 388 of the Code of Civil Procedure a copy of
33any amended or supplemental pleading filed by such person in
34such action to the Attorney General. No relief, temporary or
35permanent, shall be granted until a copy of the pleading has been
36furnished to the Attorney General in accordance with such
37requirements.

38(b) Notwithstanding Section 10231.5 of the Government Code,
39the California Research Bureau, subject to the availability of funds
40and of the information described in paragraphs (1) to (3), inclusive,
P28   1shall annually submit to the Legislature a report, in compliance
2with Section 9795 of the Government Code, with information on
3actions or proceedings brought pursuant to this division that
4includes, but is not limited to, all of the following:

5(1) The names of the plaintiffs or petitioners, the respondents
6or defendants, and the real parties in interest.

7(2) The type of action or proceeding filed and the alleged
8violation.

9(3) The disposition, if any, of the action or proceeding.

10

begin deleteSEC. 15.end delete
11begin insertSEC. 18.end insert  

Section 21168.9 of the Public Resources Code is
12amended to read:

13

21168.9.  

(a) If a court finds, as a result of a trial, hearing, or
14remand from an appellate court, that any determination, finding,
15or decision of a public agency has been made without compliance
16with this division, the court shall enter an order that includes
17issuing a peremptory writ of mandate specifying what action by
18the public agency is necessary to comply with this division,
19including one or more of the following:

20(1) A mandate that the determination, finding, or decision be
21voided by the public agency, in whole or in part.

22(2) If the court finds that a specific project activity or activities
23will prejudice the consideration or implementation of particular
24 mitigation measures or alternatives to the project, a mandate that
25the public agency and any real parties in interest suspend any or
26all specific project activity or activities, pursuant to the
27determination, finding, or decision, that could result in an adverse
28change or alteration to the physical environment, until the public
29agency has taken any actions that may be necessary to bring the
30determination, finding, or decision into compliance with this
31division.

32(3) A mandate that the public agency take specific action as
33may be necessary to bring the determination, finding, or decision
34into compliance with this division.

35(b) (1) A writ pursuant to subdivision (a) shall include only
36those mandates that are necessary to achieve compliance with this
37division and only those specific project activities in noncompliance
38with this division.

39(2) The writ shall be limited to that portion of a determination,
40finding, or decision, or the specific project activity or activities
P29   1found to be in noncompliance only if a court finds all of the
2following:

3(A) The portion or specific project activity or activities is
4severable.

5(B) Severance will not prejudice complete and full compliance
6with this division.

7(C) The court has not found the remainder of the project to be
8in noncompliance with this division.

9(3) A writ shall include a time by which the agency shall make
10an initial return of the writ.

11(4) The trial court shall retain jurisdiction over the public
12agency’s proceedings by way of a return to the peremptory writ
13until the court has determined that the public agency has complied
14with this division.

15(c) An initial return to a writ shall describe all of the following:

16(1) The actions the agency will take to come into compliance
17with the writ and this division.

18(2) A schedule for these actions.

19(3) In the case of a negative declaration, mitigated negative
20declaration, or environmental impact report found not to be in
21compliance with this division, the public comment period
22applicable to the agency’s revision of the document.

23(d) This section does not authorize a court to direct a public
24agency to exercise its discretion in any particular way. Except as
25expressly provided in this section, this section is not intended to
26limit the equitable powers of the court.

27(e) This section does not affect the authority of a court to allow
28those determinations, findings, or decisions of a public agency that
29are not found to be in violation of this division to proceed, if
30allowing the public agency to proceed does not, in any manner,
31prejudice complete and full compliance with this division.

32

begin deleteSEC. 16.end delete
33begin insertSEC. 19.end insert  

It is the intent of the Legislature to appropriate the
34sum of thirty million dollars ($30,000,000) in the annual Budget
35Act to the Strategic Growth Council to provide competitive grants
36to local agencies for planning activities pursuant to Chapter 4.2
37(commencing with Section 21155) of Division 13 of the Public
38Resources Code.

P30   1

begin deleteSEC. 17.end delete
2begin insertSEC. 20.end insert  

No reimbursement is required by this act pursuant to
3Section 6 of Article XIII B of the California Constitution because
4a local agency or school district has the authority to levy service
5charges, fees, or assessments sufficient to pay for the program or
6level of service mandated by this act, within the meaning of Section
717556 of the Government Code.

8However, if the Commission on State Mandates determines that
9this act contains other costs mandated by the state, reimbursement
10to local agencies and school districts for those costs shall be made
11pursuant to Part 7 (commencing with Section 17500) of Division
124 of Title 2 of the Government Code.



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