BILL NUMBER: SB 731 AMENDED
BILL TEXT
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
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, 21155,
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. 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. 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
approval of the proposed project adoption of
the findings 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) CEQA provides certain streamlinings benefits for transit
priority projects and specifies criteria for projects to be
considered transit priority projects.
This bill would revise those criteria.
(2)
(3) 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.
(3)
(4) 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.
(4)
(5) 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)
(6) 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)
(7) 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.
(7)
(8) 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.
(8)
(9) 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.
(9)
(10) This bill would, until January 1, 2017, establish
in the office of the Governor the position of Advisor on Renewable
Energy Facilities.
(10)
(11) 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 as not
being substantial evidence in subdivision (c) of Section
21082.2.
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).
SEC. 9. SEC. 8. 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.
SEC. 10. SEC. 9. 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
approval of the proposed project. adoption of
the findings by the public agency. 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) (A) 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.
(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.
(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.
(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.
SEC. 11. SEC. 10. 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.
SEC. 11. 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 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.
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:
(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.
(1)
(2) "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.
(2)
(3) "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.
(3)
(4) "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.
(4)
(5) "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.
(5)
(6) "Lot" means all parcels utilized by the project.
(6)
(7) "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.
(7)
(8) "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 may
address a project's 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,
vehicle miles traveled, vehicle miles traveled per capita,
automobile trip generation rates, or automobile trips
generated, or other metrics that promote the reduction of
greenhouse gas emissions, the development of multimodal
transportation networks, and a diversity of land uses.
generated. The office may also establish criteria for models
used in determining these to analyze
transportation impacts in order to be sure
to ensure 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
vehicular capacity or traffic 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
from of the requirement of analyzing
to analyze a project's potentially significant
transportation 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).
(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.
(c)
(d) (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.
(d)
(e) 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.
(f) (1) The Office of Planning and Research shall produce a report
on economic displacement. The report shall include all of the
following:
(A) A review of social scientific literature on economic
displacement.
(B) An explanation and analysis of any causes of economic
displacement.
(C) A review of the individual and community impacts of economic
displacement.
(D) A discussion and evaluation of available measures to prevent
or mitigate the impacts of economic displacement.
(E) A discussion of any further research needs on economic
displacement, if necessary.
(2) On or before July 1, 2014, the Office of Planning and Research
shall circulate a draft report prepared pursuant to paragraph (1).
(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.
SEC. 13. Section 21155 of the Public
Resources Code is amended to read:
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 plan. 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.
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
are infill sites as defined in Section 21061.3 and 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.
SEC. 13. SEC. 14. 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.
SEC. 14. SEC. 15. 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.
SEC. 15. SEC. 16. 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.
SEC. 16. SEC. 17. 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 Section 21094.5 or 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.
SEC. 17. SEC. 18. 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.
SEC. 18. SEC. 19. 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.
SEC. 19. SEC. 20. 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.
SEC. 20. SEC. 21. 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.