BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 731|
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THIRD READING
Bill No: SB 731
Author: Steinberg (D) and Hill (D)
Amended: 5/24/13
Vote: 21
SENATE ENVIRONMENTAL QUALITY COMMITTEE : 8-0, 5/1/13
AYES: Hill, Gaines, Calderon, Corbett, Hancock, Jackson, Leno,
Pavley
NO VOTE RECORDED: Fuller
SENATE APPROPRIATIONS COMMITTEE : 7-0, 05/23/13
AYES: De León, Walters, Gaines, Hill, Lara, Padilla, Steinberg
SUBJECT : Environment: California Environmental Quality Act
and sustainable communities strategy
SOURCE : Author
DIGEST : This bill makes various changes and clarifications to
the California Environmental Quality Act (CEQA).
ANALYSIS :
Existing law, under CEQA:
1. Requires lead agencies with the principal responsibility for
carrying out or approving a proposed discretionary project to
prepare a negative declaration, mitigated negative
declaration, or environmental impact report (EIR) for this
action, unless the project is exempt from CEQA (CEQA includes
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various statutory exemptions, as well as categorical
exemptions in the CEQA guidelines).
2. States the intent of the Legislature that all agencies of
the state government which regulate activities of private
individuals, corporations, and public agencies which are
found to affect the quality of the environment, shall
regulate such activities so that major consideration is given
to preventing environmental damage, while providing a decent
home and satisfying living environment for every Californian.
3. States the intent of the Legislature to "[t]ake all action
necessary to provide the people of this state with clean air
and water, enjoyment of aesthetic, natural, scenic, and
historic environmental qualities, and freedom from excessive
noise."
4. States the intent of the Legislature to "[e]nsure that the
long-term protection of the environment, consistent with the
provision of a decent home and suitable living environment
for every Californian, shall be the guiding criterion in
public decision."
5. Exempts from CEQA, a residential development project that is
undertaken to implement, and is consistent with, a specific
plan for which an EIR has been certified. Provides that this
exemption does not apply if, after certification of the EIR
for the specific plan, a specified event occurs (as described
in Public Resources Code Section 21166), unless a
supplemental EIR for the specified plan is certified.
6. Establishes the Strategic Growth Council (Council) to award
grants and loans for planning and developing sustainable
communities' strategies.
7. Requires, in making a finding of overriding considerations,
the public agency to base its finding on substantial evidence
in the record.
8. Requires a public agency to adopt a reporting or monitoring
program of mitigation measures and ensure their
enforceability.
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9. Defines "environment" as the physical conditions which exist
within the area which will be affected by the proposed
project, including land, air, water, minerals, flora, fauna,
noise, objects of historic or aesthetic significance.
10.Establishes a procedure for preparing and certifying the
record of proceedings for an action against a public agency
on the grounds of noncompliance with CEQA.
11.Establishes requirements for a court order for
noncompliance.
This bill:
1. Establishes the position of Advisor on Renewable Energy
Facilities in the Governor's Office and sunsets the position
on January 1, 2017.
2. Expands the exemption for a residential development project
that is undertaken to implement a specific plan by providing
that new information triggering an environmental review does
not include new information consisting solely of argument,
speculation, unsubstantiated opinion or narrative, evidence
that is clearly inaccurate or erroneous, or evidence of
social or economic impacts that do not contribute to, or are
caused by, physical impacts on the environment.
3. States that it is the intent of the Legislature to
appropriate $30 million in the annual state budget to the
Council for Sustainable Communities Strategy project grants.
4. Authorizes a renewable energy project applicant to present
to the public agency, orally or in writing, the benefits of
the project such as reducing traffic or improving air
quality.
5. Requires, in making a finding of overriding considerations,
that those findings be made available in draft form for
review by the public at least 15 days prior to approval of
the proposed project. Requires the lead agency to provide
notice of the draft findings through specified methods,
including electronically.
6. Requires a lead agency to prepare an annual report on
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project compliance with mitigation measures as part of the
mitigation monitoring plan. The lead agency may cease
reporting once all mitigation measures are completed.
7. Provides that aesthetic impacts of a residential, mixed-use
residential, or employment center project, as defined, within
a transit priority area, as defined, shall not be considered
significant impacts on the environment. Clarifies that this
provision does not affect or change the authority of a lead
agency to consider aesthetic impacts pursuant to local design
review ordinances or other discretionary powers.
8. Requires the Office of Planning and Research (OPR) to
prepare revisions to the CEQA guidelines establishing
thresholds of significance for noise, and for transportation
and parking impacts on residential, mixed-use residential or
employment centers within transit priority areas. Provides
that this provision does not affect the authority of a public
agency from establishing transportation or parking standards
applicable to projects requiring more stringent thresholds of
significance.
9. Allows the statute of limitations for an action against a
public agency for noncompliance to be suspended, for a
maximum of four years, by mutual agreement of the parties.
10.Requires a lead agency, at the request of a project
applicant, to prepare a record of proceedings concurrently
with the preparation of an environmental review document.
Requires all documents in the record of proceedings be posted
on the lead agency's Internet Web site.
11.Authorizes the statute of limitations to be suspended by
mutual agreement of the parties. Provides that the period of
time for tolling may not exceed four years in such an
agreement but authorizes the extension of the tolling period.
12.Requires the Attorney General report annually to the
Legislature with information on actions or proceedings
brought under CEQA.
13.Authorizes a court to direct an agency to revise only those
portions of a CEQA document found not to be in compliance
with CEQA and includes specific requirements to be met for a
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court to do so.
Background
CEQA: The environmental review process . A CEQA environmental
review document is a public document. It provides for
transparency as well as an opportunity for citizens to comment
on the document and participate in the environmental review
process.
CEQA provides a process for evaluating the environmental effects
of a project, and includes statutory exemptions as well as
categorical exemptions in the CEQA guidelines. If a project is
not exempt from CEQA, an initial study is prepared to determine
whether a project may have a significant effect on the
environment. If the initial study shows that there would not be
a significant effect on the environment, the lead agency must
prepare a negative declaration. If the initial study shows that
the project may have a significant effect on the environment,
then the lead agency must prepare an EIR.
Generally, an EIR must accurately describe the proposed project,
identify and analyze each significant environmental impact
expected to result from the proposed project, identify
mitigation measures to reduce those impacts to the extent
feasible, and evaluate a range of reasonable alternatives to the
proposed project. Prior to approving any project that has
received an environmental review, an agency must make certain
findings. If mitigation measures are required or incorporated
into a project, the agency must adopt a reporting or monitoring
program to ensure compliance with those measures.
If a mitigation measure would cause one or more significant
effects in addition to those that would be caused by the
proposed project, the effects of the mitigation measure must be
discussed but in less detail than the significant effects of the
proposed project.
CEQA litigation . Enforcement of CEQA is primarily through
citizens' lawsuits challenging a project's environmental review
in court. Some contend that CEQA litigation delays, if not
kills, projects and that vexatious litigation abounds. However,
the total number of CEQA cases filed is actually quite small,
averaging only about 200 cases per year statewide. CEQA cases
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make up 0.02% of 1,100,000 civil cases filed annually in
California. In addition, the California Attorney General's
office conducted a case study of CEQA challenges in the City and
County of San Francisco from July 2011 through December 2011 and
found that 18 lawsuits were filed out of 5,203 projects
considered under CEQA. However, some parties argue that the
simple threat of a lawsuit is an impetus for extra costs and
delays of a project subject to environmental review.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Senate Appropriations Committee:
One-time costs of $73,000 for fiscal year 2013-14 and
$109,000 annually thereafter from the General Fund for the
Department of Justice for annual reporting requirements.
One-time costs of $500,000 to $750,000 from the General Fund
for the OPR to develop threshold standards for noise,
transportation, and parking impacts.
Ongoing costs of approximately $120,000 for the creation of
the Advisor on Renewable Energy Facilities within the Office
of the Governor.
Cost pressure of $30 million to the General Fund for local
assistance grants for planning activities administered by the
Council.
SUPPORT : (Verified 5/23/13)
California Association of Realtors
California Chamber of Commerce
California League of Conservation Voters
California Manufacturers and Technology Association
Silicon Valley Leadership Group
ARGUMENTS IN SUPPORT : According to the author's office, this
bill is a comprehensive reform measure to strengthen CEQA's
protection of the state's environment and residents while
modernizing the law to aid California's economic growth. The
author states, "today's bill is the result of months of
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discussion and negotiation with key representatives from the
business, environmental, and organized labor communities."
These changes were key issues identified by a CEQA working group
of experts brought together by Senator Steinberg this past fall.
The author states, "Taken together they will help reduce
litigation and delays from CEQA while protecting the legitimate
uses of the statute."
RM:k 5/24/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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