Amended in Assembly September 9, 2013

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 Bill No. 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 amend Sections 65088.1, 65088.4, and 65457 of the Government Code, and to amend Sections 21081, 21081.5, 21081.6, begin insert 21155, end insert 21167, 21167.6, 21167.7, and 21168.9 of, to add Sections 21083.06, 21167.6.2, 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 of projects within transit priority areas. 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. begin insert The bill would require the office to produce a report on economic displacement and would require the office to publicly circulate a draft of the report. end insert The bill would require the lead agency, in making specified findings, to make those findings available to the public at least 10 days prior to the begin delete approval of the proposed project end delete begin insert adoption of the findings end insert 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.

begin insert

(2) CEQA provides certain streamlinings benefits for transit priority projects and specifies criteria for projects to be considered transit priority projects.

end insert begin insert

This bill would revise those criteria.

end insert begin delete

(2)

end delete

begin insert (3) end insert  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, upon the request of a member of the public, to prepare or cause to be prepared a report on project compliance with the required mitigation measures, as a part of the mitigation and monitoring plan, 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.

begin delete

(3)

end delete

begin insert (4) end insert  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 of specified information.

begin delete

(4)

end delete

begin insert (5) end insert  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.

begin delete

(5)

end delete

begin insert (6) end insert  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.

begin delete

(6)

end delete

begin insert (7) end insert  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 delete

(7)

end delete

begin insert (8) end insert  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.

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.

begin delete

(8)

end delete

begin insert (9) end insert  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.

This bill would repeal this provision.

begin delete

(9)

end delete

begin insert (10) 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

(10)

end delete

begin insert (11) 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:

SECTION 1.  

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

SEC. 2.  

(a) The Legislature finds and declares the following:

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

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

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

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

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

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

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

SEC. 3.  

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

705.  

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

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

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

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

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

SEC. 4.  

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

705.  

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

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

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

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

SEC. 5.  

Section 65088.1 of the Government Code is amended
to read:

65088.1.  

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

(a) Unless the context requires otherwise, “agency” means the
agency responsible for the preparation and adoption of the
congestion management program.

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

(1) Coordination with land use planning.

(2) Exclusive right-of-way.

(3) Improved passenger boarding facilities.

(4) Limited stops.

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

(6) Prepaid fares.

(7) Real-time passenger information.

(8) Traffic priority at intersections.

(9) Signal priority.

(10) Unique vehicles.

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

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

(e) “Infill opportunity zone” means a specific area designated
by a city or county, pursuant to subdivision (c) of Section 65088.4,
that is within one-half mile of a major transit stop or high-quality
transit corridor included in a regional transportation plan. A major
transit stop is as defined in Section 21064.3 of the Public Resources
Code, except that, for purposes of this section, it also includes
major transit stops that are included in the applicable regional
transportation plan. For purposes of this section, a high-quality
transit corridor means a corridor with fixed route bus service with
service intervals no longer than 15 minutes during peak commute
hours.

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

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

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

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

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

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

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

(l) “Urbanized area” has the same meaning as is defined in the
1990 federal census for urbanized areas of more than 50,000
population.

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

SEC. 6.  

Section 65088.4 of the Government Code is amended
to read:

65088.4.  

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

(b) Notwithstanding any other provision of law, level of service
standards described in Section 65089 shall not apply to the streets
and highways within an infill opportunity zone.

(c) The city or county may designate an infill opportunity zone
by adopting a resolution after determining that the infill opportunity
zone is consistent with the general plan and any applicable specific
plan, and is a transit priority area within a sustainable communities
strategy or alternative planning strategy adopted by the applicable
metropolitan planning organization.

SEC. 7.  

Section 65457 of the Government Code is amended
to read:

65457.  

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

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

(c) For the purposes of this section, “an event as specified in
Section 21166 of the Public Resources Code” does not include
any new information consisting solely of information described
begin insert as not being substantial evidence end insert in subdivision (c) of Section
21082.2.

begin delete

SEC. 8.  

Section 21083.06 is added to the Public Resources
Code, to read:

21083.06.  

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

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

end delete

begin delete SEC. 9. end delete
begin insert SEC. 8. end insert   

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

21081.  

(a) Pursuant to the policy stated in Sections 21002 and
21002.1, a public agency shall not approve or carry out a project
for which an environmental impact report has been certified that
identifies one or more significant effects on the environment that
would occur if the project is approved or carried out, unless both
of the following occur:

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

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

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

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

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

(b) A project applicant for a project, including a renewable
energy project, may present to the public agency, orally or in
writing, the benefits onsite or offsite of the project, including, but
not limited to, measures that will mitigate greenhouse gas emissions
resulting from the project or measures that will significantly reduce
traffic, improve air quality, or replace higher emitting energy
sources, and other significant environmental or public health
impacts.

begin delete SEC. 10. end delete
begin insert SEC. 9. end insert   

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

21081.5.  

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

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

(1)  begin insert (A) end insert begin insert   end insert Publication in a newspaper of general circulation in
the area affected by the proposed project. If more than one area
will be affected, the notice shall be published in the newspaper
with the largest circulation from among the newspapers of general
circulation in those areas.

begin insert

(B) In areas not served by a daily newspaper, notice may be
provided through publication in the online version of the area’s
local newspaper.

end insert

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

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

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

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

begin insert

(c) The 10-day notice required by this section does not extend,
and shall not be construed to be a part of, the public review period
required by Section 21091.

end insert

begin delete SEC. 11. end delete
begin insert SEC. 10. end insert   

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

21081.6.  

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

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

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

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

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

(d) As a part of the mitigation monitoring plan established
pursuant to this section, and upon the request of a member of the
public, the lead agency shall prepare or cause to be prepared a
report on project compliance with mitigation measures required
pursuant to this division. To the extent the lead agency operates
or maintains an Internet Web site, the report shall be made publicly
available online to enhance public disclosure and accountability.
The lead agency may cease reporting once all mitigation measures
are completed.

begin insert

begin insert SEC. 11. end insert   

end insert

begin insert Section 21083.06 is added to the end insert begin insert Public Resources
Code end insert begin insert , to read: end insert

begin insert

begin insert 21083.06. end insert   

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

(b) On or before January 1, 2016, the Secretary of the Natural
Resources Agency shall certify and adopt guidelines prepared and
developed by the Office of Planning and Research pursuant to
subdivision (a) in accordance with Section 21083.

(c) This section is not a limitation on the requirements of this
division or any other law.

end insert

SEC. 12.  

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

 

Chapter  2.7. Modernization of Transportation Analysis
for Transit-Oriented Infill Projects

 

21099.  

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

begin insert

(1) “Economic displacement” refers to the involuntary
departure of residents and businesses from a community due to
increased housing or rental costs attributable to specific private
or public investments.

end insert begin delete

(1)

end delete

begin insert (2) end insert  “Employment center project” means a project located on
property zoned for commercial uses with a floor area ratio of no
less than 0.75 and that is located within a transit priority area.

begin delete

(2)

end delete

begin insert (3) end insert  “Floor area ratio” means the ratio of gross building area of
the development, excluding structured parking areas, proposed for
the project divided by the net lot area.

begin delete

(3)

end delete

begin insert (4) end insert  “Gross building area” means the sum of all finished areas
of all floors of a building included within the outside faces of its
exterior walls.

begin delete

(4)

end delete

begin insert (5) end insert  “Infill site” means a lot located within an urban area that
has been previously developed, or on a vacant site where at least
75 percent of the perimeter of the site adjoins, or is separated only
by an improved public right-of-way from, parcels that are
developed with qualified urban uses.

begin delete

(5)

end delete

begin insert (6) end insert  “Lot” means all parcels utilized by the project.

begin delete

(6)

end delete

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

begin delete

(7)

end delete

begin insert (8) end insert  “Transit priority area” means an area within one-half mile
of a major transit stop that is existing or planned, if the planned
stop is scheduled to be completed within the planning horizon
included in a Transportation Improvement Program adopted
pursuant to Section 450.216 or 450.322 of Title 23 of the Code of
Federal Regulations.

(b) (1) The Office of Planning and Research shall prepare,
develop, and transmit to the Secretary of the Natural Resources
Agency for certification and adoption proposed revisions to the
guidelines adopted pursuant to Section 21083 establishing criteria
for determining the significance of transportation impacts of
projects within transit priority areas. Those criteria begin delete may address a
project’s end delete begin insert shall promote the reduction of greenhouse gas emissions,
the development of multimodal transportation networks, and a
diversity of land uses. In developing the criteria, the office shall
recommend potential metrics to measure transportation impacts
that may include, but are not limited to, end insert vehicle miles traveled,
vehicle miles traveled per capita, automobile trip generation rates,
begin insert or end insert automobile trips begin delete generated, or other metrics that promote the
reduction of greenhouse gas emissions, the development of
multimodal transportation networks, and a diversity of land uses. end delete
begin insert generated. end insert The office may also establish criteria for models used
begin delete in determining these end delete begin insert to analyze transportation end insert impacts begin delete in order to
be sure end delete begin insert to ensure end insert the models are accurate, reliable, and consistent
with the intent of this section.

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

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

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

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

begin insert

(c) The Office of Planning and Research may adopt guidelines
pursuant to Section 21083 establishing alternative metrics to the
metrics used for traffic levels of service for transportation impacts
outside transit priority areas. The alternative metrics may include
the retention of traffic levels of service, where appropriate and as
determined by the office.

end insert begin delete

(c)

end delete

begin insert (d) end insert  (1) Aesthetic and parking impacts of a residential, mixed-use
residential, or employment center project on an infill site within
a transit priority area shall not be considered significant impacts
on the environment.

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

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

begin delete

(d)

end delete

begin insert (e) end insert  This section does not affect the authority of a public agency
to establish or adopt thresholds of significance that are more
protective of the environment.

begin insert

(f) (1) The Office of Planning and Research shall produce a
report on economic displacement. The report shall include all of
the following:

end insert begin insert

(A) A review of social scientific literature on economic
displacement.

end insert begin insert

(B) An explanation and analysis of any causes of economic
displacement.

end insert begin insert

(C) A review of the individual and community impacts of
economic displacement.

end insert begin insert

(D) A discussion and evaluation of available measures to
prevent or mitigate the impacts of economic displacement.

end insert begin insert

(E) A discussion of any further research needs on economic
displacement, if necessary.

end insert begin insert

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

end insert begin insert

(3) The office shall prepare, develop, and transmit the report
to the Secretary of the Natural Resources Agency summarizing
the findings of this research and may make recommendations. The
office and the Natural Resources Agency shall incorporate some
or all of these recommendations into the guidelines adopted
pursuant to Section 21083. The office may create a technical
advisory committee providing guidance to jurisdictions on how to
evaluate potential economic and physical displacement, and adopt
policies to prevent and mitigate those impacts.

end insert

begin insert

begin insert SEC. 13. end insert   

end insert

begin insert Section 21155 of the end insert begin insert Public Resources Code end insert begin insert is
amended to read: end insert

21155.  

(a) This chapter applies only to a transit priority project
that is consistent with the general use designation, density, building
intensity, and applicable policies specified for the project area in
either a sustainable communities strategy or an alternative planning
strategy, for which the State Air Resources Board, pursuant to
subparagraph (H) of paragraph (2) of subdivision (b) of Section
65080 of the Government Code, has accepted a metropolitan
planning organization’s determination that the sustainable
communities strategy or the alternative planning strategy would,
if implemented, achieve the greenhouse gas emission reduction
targets.

(b) For purposes of this chapter, a transit priority project shall
(1) contain at least 50 percent residential use, based on total
building square footage and, if the project contains between 26
percent and 50 percent nonresidential uses, a floor area ratio of
not less than 0.75; (2) provide a minimum net density of at least
20 dwelling units per acre; and (3) be within one-half mile of a
major transit stop or high-quality transit corridor included in a
regional transportation plan. A major transit stop is as defined in
Section 21064.3, except that, for purposes of this section, it also
includes major transit stops that are included in the applicable
regional transportation begin delete plan. end delete begin insert plan if the planned stop is scheduled
to be completed within the planning horizon established by Section
450.322 of Title 23 of the Code of Federal Regulations. end insert For
purposes of this section, a high-quality transit corridor means a
corridor with fixed route bus service with service intervals no
longer than 15 minutes during peak commute hours. A project
shall be considered to be within one-half mile of a major transit
stop or high-quality transit corridor if all parcels within the project
begin insert are infill sites as defined in Section 21061.3 and end insert have no more
than 25 percent of their area farther than one-half mile from the
stop or corridor and if not more than 10 percent of the residential
units or 100 units, whichever is less, in the project are farther than
one-half mile from the stop or corridor.

begin delete SEC. 13. end delete
begin insert SEC. 14. end insert   

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

21167.  

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

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

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

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

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

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

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

(g) The limitation period provided pursuant to this section may
be tolled for a period not to exceed four years if the agreement to
toll the limitation period is in writing and signed by the party
asserting noncompliance with this division, the public agency, and
the real party in interest, as specified in subdivision (a) of Section
21167.6.5, if any. The tolling agreement shall bar a defense to any
action filed pursuant to this division that the action was not
commenced within the time period specified in this section. Prior
to the expiration of the tolling agreement, the tolling agreement
may be renewed for a further period not to exceed four years from
the immediately preceding tolling agreement. The extension of
the tolling agreement may be made successively.

begin delete SEC. 14. end delete
begin insert SEC. 15. end insert   

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

21167.6.  

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

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

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

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

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

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

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

(1) All project application materials.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

begin delete SEC. 15. end delete
begin insert SEC. 16. end insert   

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

21167.6.2.  

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

(A) The lead agency for the project shall prepare the record of
proceedings pursuant to this division concurrently with the
administrative process, in a standardized format, as determined by
the lead agency.

(B) All documents and other materials placed in the record of
proceedings 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 document for a
project specified in Section 21167.6.3. If the lead agency cannot
maintain an Internet Web site with the information required
pursuant to this section, the lead agency shall provide a link on
the agency’s Internet Web site to that information.

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

(D) A document prepared by the lead agency or submitted by
the applicant after the date of the release of the draft environmental
document for a project specified in Section 21167.6.3 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 business 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 record of proceedings
within 30 days after the filing of the notice required pursuant to
Section 21108 or 21152.

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

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

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

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

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

“THIS NEGATIVE DECLARATION, MITIGATED
NEGATIVE DECLARATION, EIR, OR ENVIRONMENTAL
DOCUMENT IS SUBJECT TO SECTIONS 21167.6.2 AND
21167.6.3 OF THE PUBLIC RESOURCES CODE, WHICH
REQUIRES THE RECORD OF PROCEEDINGS FOR THIS
PROJECT TO BE PREPARED CONCURRENTLY WITH THE
ADMINISTRATIVE PROCESS, DOCUMENTS PREPARED
BY, OR SUBMITTED TO, THE LEAD AGENCY TO BE
POSTED ON THE LEAD AGENCY’S INTERNET WEB SITE,
AND THE LEAD AGENCY TO ENCOURAGE WRITTEN
COMMENTS ON THE PROJECT TO BE SUBMITTED TO THE
LEAD AGENCY IN A READILY ACCESSIBLE ELECTRONIC
FORMAT.”

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

begin delete SEC. 16. end delete
begin insert SEC. 17. end insert   

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

21167.6.3.  

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

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

(2) A project subject to begin insert Section 21094.5 or end insert Chapter 4.2
(commencing with Section 21155).

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

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

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

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

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

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

begin delete SEC. 17. end delete
begin insert SEC. 18. end insert   

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

21167.7.  

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

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

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

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

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

begin delete SEC. 18. end delete
begin insert SEC. 19. end insert   

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

21168.9.  

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

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

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

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

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

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

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

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

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

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

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

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

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

(2) A schedule for these actions.

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

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

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

begin delete SEC. 19. end delete
begin insert SEC. 20. end insert   

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

begin delete SEC. 20. end delete
begin insert SEC. 21. end insert   

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
a local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code.

However, if the Commission on State Mandates determines that
this act contains other 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.