BILL ANALYSIS Ó
SB 731
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SENATE THIRD READING
SB 731 (Steinberg)
As Amended August 6, 2013
Majority vote
SENATE VOTE :39-0
NATURAL RESOURCES 6-1 LOCAL GOVERNMENT 7-0
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|Ayes:|Chesbro, Garcia, |Ayes:|Achadjian, Levine, Alejo, |
| |Muratsuchi, Skinner, | |Bradford, Gordon, Mullin, |
| |Stone, Williams | |Rendon |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Patterson | | |
| | | | |
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APPROPRIATIONS 11-0
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|Ayes:|Gatto, Bocanegra, | | |
| |Bradford, | | |
| |Ian Calderon, Campos, | | |
| |Eggman, Gomez, Hall, Pan, | | |
| |Quirk, Weber | | |
|-----+--------------------------+-----+--------------------------|
| | | | |
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SUMMARY : Makes various clarifications and revisions to the
California Environmental Quality Act (CEQA), including limiting the
scope of review for certain residential, mixed-use, and commercial
"employment center" projects near existing or planned transit stops.
Specifically, this bill :
1)Requires the Governor's Office of Planning and Research (OPR), on
or before July 1, 2014, to propose revisions to the CEQA
Guidelines to establish thresholds of significance (to determine
if an environmental effect justifies preparation of an
environmental impact report) for noise and transportation impacts
of residential, mixed-use residential, or employment center
projects on infill sites within transit priority areas. Requires
the thresholds to be based upon a project's proximity to a
multi-modal transportation network, its overall transportation
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accessibility, and its proximity to a diversity of land uses.
a) Defines "employment center project" as a project located on
property zoned for commercial uses, with a floor area ratio of
no less than 0.75, located within a transit priority area.
b) Defines "infill site" as a lot located within an urban area
that has been previously developed, or on a vacant site
surrounded by parcels developed with qualified urban uses.
c) Defines "transit priority area" as an area within one-half
mile of a major transit stop that is either existing or
planned, if the planned stop is scheduled to be completed
within the planning horizon of a specified federal
transportation plan.
d) Provides that aesthetic and parking impacts of projects
subject to this section shall not be considered significant
impacts on the environment for purposes of CEQA, while also
stating that the authority of a lead agency to consider
aesthetic impacts pursuant to local design review ordinances or
other discretionary powers in not affected.
2)For purposes of the existing exemption for a residential
development project that is consistent with a specific plan for
which an EIR has been prepared, clarifies that "new information"
which would invalidate the exemption does not include "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 not caused by,
physical impacts on the environment" (making the meaning of "new
information" consistent with the existing meaning of "substantial
evidence" in CEQA).
3)Requires, when a public agency finds that specific economic,
legal, social, technological, or other considerations make
infeasible the mitigation measures or alternatives identified in
the EIR and finds that specific overriding economic, legal,
social, technological, or other benefits of the project outweigh
the significant effects on the environment, that the agency's
findings be published for review for at least 15 days prior to
approval of the project, and provides specified procedures for
publication and transmittal to specified parties.
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4)Requires a lead agency to prepare and publish an annual report on
a project's compliance with mitigation measures adopted pursuant
to CEQA.
5)Provides that the statute of limitations for bringing a CEQA
lawsuit may be tolled for successive periods up to four years each
by agreement of the parties (petitioner, public agency and real
party in interest/applicant).
6)For certain projects and upon a project applicant's request,
authorizes a lead agency to prepare concurrently with the
administrative process the record of proceedings that would be
used in a judicial challenge to an agency's action or decision
under CEQA. Specifies procedures for preparation and publication
of the record. Requires the project applicant to reimburse the
lead agency for the costs incurred to prepare the record. Applies
to projects determined to be of statewide, regional, or area-wide
environmental significance; infill projects for which an EIR was
certified for a city or county's planning level decision; a
project implementing a sustainable communities strategy pursuant
to SB 375 (Steinberg), Chapter 728, Statutes of 2008; or any other
project for which the lead agency consents to prepare the record
of proceedings pursuant to the above requirements.
7)Requires the Attorney General to report annually to the
Legislature regarding CEQA lawsuits, including the parties
involved, the type of action and violation alleged, and the
disposition of the case.
8)Requires, when a court finds that a public agency has not complied
with CEQA, that the court issue a peremptory writ of mandate
specifying what action is necessary to comply. Requires the writ
include only those mandates necessary to achieve compliance and
only those project activities in noncompliance, and permits a writ
to direct the agency to revise only those portions of a CEQA
document found not to be in compliance, provided the non-compliant
issues are severable from the remainder of the project.
9)Declares the intent of the Legislature to appropriate $30 million
to the Strategic Growth Council to provide competitive grants to
local agencies for planning activities related to implementing SB
375.
10)Authorizes the applicant for a renewable energy project to
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present to the public agency the onsite or offsite benefits of the
project.
11)Establishes, until January 1, 2017, the position of "Advisor on
Renewable Energy Facilities" in the office of the Governor.
12)Declares the intent of the Legislature regarding CEQA issues
addressed in the operative provisions of the bill.
13)Titles the bill the "CEQA Modernization Act of 2013."
EXISTING LAW :
1)Requires, under CEQA, lead agencies with the principal
responsibility for carrying out or approving a proposed 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 various statutory
exemptions, as well as categorical exemptions in the CEQA
guidelines).
2)Requires an EIR to identify and analyze:
a) Significant effects on the environment that would occur if
the project is approved, unless the agency finds that
alternatives to the project or mitigation measures would
address the effects, or specific overriding economic, legal,
social, technological, or other benefits of the project
outweigh them.
b) Cumulative impacts of a project when, considered in the
context of environmental change occurring over time, the
incremental effect is cumulatively considerable.
3)Exempts from CEQA specified residential housing projects which
meet criteria established to ensure the project does not have a
significant effect on the environment, including urban infill
housing projects not more than 100 units on a site not more than
four acres in size which is within one-half mile of a major
transit stop. (SB 1925 (Sher), Chapter 1039, Statutes of 2002)
4)Establishes abbreviated CEQA review procedures for specified
infill projects, where only specific or more significant effects
on the environment which were not addressed in a prior
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planning-level EIR need be addressed. An EIR for such a project
need not consider alternative locations, densities, and building
intensities or growth-inducing impacts. Infill projects may
include residential, retail, commercial, transit station, school,
or public office building projects located within an urban area.
Requires OPR to develop CEQA guidelines, including statewide
standards to promote smart growth, reduction of greenhouse gas
(GHG) emissions, reduction in water use, energy efficiency
improvements and protection of public health. (SB 226 (Simitian),
Chapter 469, Statutes of 2011)
5)Requires metropolitan planning organizations to include a
sustainable communities strategy (SCS), as defined, in their
regional transportation plans, or an alternative planning strategy
(APS), for the purpose of reducing GHG emissions, aligns planning
for transportation and housing, and creates specified incentives
for the implementation of the strategies, including CEQA exemption
or abbreviated review for eligible residential projects. (SB 375
(Steinberg), Chapter 728, Statutes of 2008)
6)Authorizes judicial review of CEQA actions taken by public
agencies, following the agency's decision to carry out or approve
the project. Challenges alleging improper determination that a
project may have a significant effect on the environment, or
alleging an EIR doesn't comply with CEQA, must be filed in the
Superior Court within 30 days of filing of the notice of approval.
7)Establishes that a record of proceeding includes, but is not
limited to, all application materials, staff reports, transcripts
or minutes of public proceedings, notices, written comments, and
written correspondence prepared by or submitted to the public
agency regarding the proposed project. Establishes a procedure
for the preparation, certification, and lodging of the record of
proceedings.
FISCAL EFFECT : According to the Assembly Appropriations Committee,
one-time General Fund (GF) costs to OPR of approximately $500,000 to
develop threshold standards for noise, transportation, and parking
impacts. Ongoing GF costs of approximately $120,000 for the
creation of the Advisor on Renewable Energy Facilities within the
Office of the Governor. GF cost pressure of $30 million for local
assistance grants for planning activities administered by the
Strategic Growth Council. Unknown cost pressures for the California
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Research Bureau to report annually.
COMMENTS : CEQA provides a process for evaluating the environmental
effects of applicable projects undertaken or approved by public
agencies. If a project is not exempt from CEQA, an initial study is
prepared to determine whether the 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, the lead agency must prepare an EIR. A lead agency
must base its determination of significant effects on substantial
evidence.
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 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.
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 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."
Analysis Prepared by : Lawrence Lingbloom / NAT. RES. / (916)
319-2092
FN: 0002199
SB 731
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