BILL ANALYSIS Ó
SB 731
Page 1
Date of Hearing: September 11, 2013
ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT
K.H. "Katcho" Achadjian, Chair
SB 731 (Steinberg) - As Amended: September 6, 2013
AS PROPOSED TO BE AMENDED
SENATE VOTE : 39-0
SUBJECT : Environment: California Environmental Quality Act.
SUMMARY : Enacts the California Environmental Quality Act (CEQA)
Modernization Act of 2013 and makes a number of changes to
provisions of CEQA law. Specifically, this bill :
1)States that this act shall be known, and may be cited, as the
CEQA Modernization Act of 2013.
2)Requires the Office of Planning and Research (OPR), on or
before July 1, 2014, to propose revisions to the CEQA
Guidelines to establish criteria for determining the
significance of transportation impacts of projects within
"transit priority areas," which may address a project's
vehicle miles traveled, vehicle miles traveled per capita,
automobile trip generation rates, 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.
a) Authorizes OPR to also establish criteria for models
used in determining these impacts in order to be sure the
models are accurate, reliable, and consistent with the
intent of this section.
b) Provides that automobile delay, as described solely by
level of service or similar measures of capacity or
congestion within a transit priority area, shall not
support a finding of significance pursuant to CEQA once
these guidelines are certified.
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
SB 731
Page 2
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.
3)Amends the Congestion Management Act (Government Code Section
65088, et seq.) to expand the definition of "infill
opportunity zone" to include areas within one-half mile of an
existing or planned major transit stop (to be consistent with
the definition of "transit priority area" in this bill), and
authorize a city or county to designate an infill opportunity
zone (currently subject to a December 31, 2009, sunset and
other limiting conditions), for the purpose of obtaining an
exemption from the application of "level of service standards"
(LOS, a threshold that defines a deficiency on the congestion
management program highway and roadway system which requires
the preparation of a deficiency plan). The effect of these
provisions is to reinstate prior law allowing local
governments to opt out of LOS requirements in infill areas.
4)Requires OPR to propose by July 1, 2015, and the Secretary of
the Natural Resources Agency to adopt by January 1, 2016,
revisions to the CEQA Guidelines establishing criteria for a
lead agency to assess the need for translating specified CEQA
notices into non-English languages.
5)Requires a lead agency to prepare and publish a report on a
project's compliance with mitigation measures adopted pursuant
to CEQA, upon request of a member of the public.
6)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).
7)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
SB 731
Page 3
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.
8)Requires the California Research Bureau, subject to the
availability of funds, 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.
9)Requires, when a court finds that a public agency has not
complied with CEQA, that the court enter a judgment directing
the issuance of 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.
10)Requires, on or before January 1, 2015, OPR to prepare a
report on economic displacement, and specifies that the report
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.
SB 731
Page 4
11)Allows OPR to make recommendations based on that report, as
appropriate, and defines the term "economic displacement."
12)Authorizes the applicant for a project, including a renewable
energy project, to present to the public agency the onsite or
offsite benefits of the project.
13)Establishes, until January 1, 2017, the position of "Advisor
on Renewable Energy Facilities" in the office of the Governor.
14)Declares the intent of the Legislature regarding CEQA issues
addressed in the operative provisions of the bill.
EXISTING LAW :
1)Requires lead agencies with the principal responsibility for
carrying out or approving a proposed project to prepare a
negative declaration, mitigated negative declaration, or EIR
for this action, unless the project is exempt from CEQA.
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; and,
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.
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
SB 731
Page 5
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.
5)Requires the Office of Planning and Research (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.
6)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.
7)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.
8)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
SB 731
Page 6
planning activities administered by the Strategic Growth
Council. Unknown cost pressures for the California Research
Bureau to report annually.
COMMENTS :
1)Background on the CEQA Modernization Act of 2013 . This bill
enacts the CEQA Modernization Act of 2013 and is intended to
update CEQA law and streamline project review. According to
the author, this bill is the outgrowth of an effort that began
last summer at the end of session (2012) when Senator
Steinberg held SB 317 (Rubio), a last minute 'gut and amend'
effort to rewrite the law. Senator Steinberg pledged to come
back in 2013 with legislation to update and streamline the
law, and to take it through a full public process. Last fall,
Senator Steinberg and then-Senator Rubio convened a series of
experts in working groups to review key issues and identify
areas of consensus for new legislation, and in February 2013,
SB 731 was introduced.
2)AS PROPOSED TO BE AMENDED : The author is offering amendments
to the September 9th version of the bill, to be adopted in
this Committee, that would do the following:
a) Strike out Sections 7, 9 and 10 in the existing bill;
b) Strike out unnecessary definitions (page 15, line 29 -
page 16, line 16);
c) Add in provisions regarding economic displacement and
require OPR to do a study on economic displacement issues;
and,
d) Technical corrections to Section 19 of the bill per the
Judicial Council.
3)This bill passed the Assembly Natural Resources Committee on
September 10, 2013, on a 5-1 vote.
REGISTERED SUPPORT / OPPOSITION :
Support
Unknown
SB 731
Page 7
Opposition
Unknown
Analysis Prepared by : Debbie Michel / L. GOV. / (916)
319-3958