Amended in Assembly September 6, 2013

Senate BillNo. 743


Introduced bybegin delete Senators Steinberg and Padillaend deletebegin insert Senator Steinbergend insert

begin insert

(Coauthors: Senators Gaines, Galgiani, Nielsen, and Wolk)

end insert
begin insert

(Coauthors: Assembly Members Cooley, Dickinson, Logue, and Pan)

end insert

February 22, 2013


begin deleteAn act to amend Section 739.1 of the Public Utilities Code, relating to electricity. end deletebegin insertAn act to amend Sections 21181, 21186, 21187, 21189.1, and 21189.3 of, to repeal and add Section 21185 of, and to add and repeal Section 21168.6.6 of, the Public Resources Code, relating to environmental quality. end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 743, as amended, Steinberg. begin deleteElectricity: rates. end deletebegin insertEnvironmental quality: judicial review streamlining for environmental leadership development projects and entertainment and sports center in the City of Sacramento. end insert

begin insert

(1) The Jobs and Economic Improvement Through Environmental Leadership Act of 2011 requires a party bringing an action or proceeding alleging that a lead agency’s approval of a project certified by the Governor as an environmental leadership development project is in violation of the California Environmental Quality Act to file the action or proceeding with the Court of Appeal with geographic jurisdiction over the project and requires the Court of Appeal to issue its decision within 175 days of the filing of the petition. The Jobs and Economic Improvement Through Environmental Leadership Act of 2011 requires the lead agency to concurrently prepare the record of proceeding for the leadership project with the review and consideration of the project. The Jobs and Economic Improvement Through Environmental Leadership Act of 2011 provides that the above provision does not apply to a project for which a lead agency fails to certify an environmental impact report on or before June 1, 2014. The Jobs and Economic Improvement Through Environmental Leadership Act of 2011 is repealed by its own terms on January 1, 2015.

end insert
begin insert

This bill would instead require the Judicial Council, on or before July 1, 2014, to adopt a rule of court to establish procedures applicable to actions or proceedings seeking judicial review of a public agency’s action in certifying the environmental impact report and in granting project approval that requires the actions or proceedings, including any appeals therefrom, be resolved, to the extent feasible, within 270 days of the certification of the record of proceedings. The bill would extend the operation of the judicial review procedures unless the lead agency fails to certify an environmental impact report for an environmental leadership project on or before January 1, 2016. The bill would provide that the above provisions do not apply to a project if the Governor does not certify the project as an environmental leadership development project prior to January 1, 2016. Because this bill would extend the time period for which a lead agency would be required to concurrently prepare the record of proceeding with the review and consideration of the environmental leadership development projects, this bill would impose a state-mandated local program. The bill would require the lead agency, within 10 days of the Governor’s certification, to issue, at the applicant’s expense, a specified public notice, thereby imposing a state-mandated local program. The bill would repeal the Jobs and Economic Improvement Through Environmental Leadership Act of 2011 on January 1, 2017.

end insert
begin insert

(2) The California Environmental Quality Act, commonly known as CEQA, requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report 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 establishes a procedure by which a person may seek judicial review of the decision of the lead agency made pursuant to CEQA.

end insert
begin insert

This bill would require the public agency, in certifying the environmental impact report and in granting approvals for a specified entertainment and sports center project located in the City of Sacramento, including the concurrent preparation of the record of proceedings and the certification of the record of proceeding within 5 days of the filing of a specified notice, to comply with specified procedures. Because a public agency would be required to comply with those new procedures, this bill would impose a state-mandated local program. The bill would require the Judicial Council, on or before July 1, 2014, to adopt a rule of court to establish procedures applicable to actions or proceedings seeking judicial review of a public agency’s action in certifying the environmental impact report and in granting project approval that requires the actions or proceedings, including any appeals therefrom, be resolved, to the extent feasible, within 270 days of the certification of the record of proceedings. The bill would provide that the above provisions are inoperative and repealed on January 1 of the following year if the applicant fails to notify the lead agency before the release of the draft environmental impact report for public comment that the applicant is electing to proceed pursuant to the above provisions.

end insert
begin insert

This bill would make findings and declarations as to the necessity of a special statute for the City of Sacramento.

end insert
begin insert

(3) 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.

end insert
begin insert

This bill would provide that no reimbursement is required by this act for a specified reason.

end insert
begin delete

Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including electrical corporations, as defined. Existing law authorizes the commission to fix the rates and charges for every public utility, and requires that those rates and charges be just and reasonable. Existing law requires the commission to designate a baseline quantity of electricity and gas necessary to supply a significant portion of the reasonable energy needs of the average residential customer and requires that electrical and gas corporations file rates and charges, to be approved by the commission, providing baseline rates. Existing law requires the commission to establish a program of assistance to specified low-income electric and gas customers, referred to as the California Alternate Rates for Energy (CARE) program.

end delete
begin delete

Existing law revises certain prohibitions upon raising residential electrical rates adopted during the energy crisis of 2000-01, to authorize the commission to increase the rates in effect for CARE program participants for electricity usage up to 130% of baseline quantities by the annual percentage increase in benefits under the CalWORKs program, as defined, not to exceed 3%, and subject to the limitation that the CARE rates not exceed 80% of the corresponding rates charged to residential customers not participating in the CARE program.

end delete
begin delete

This bill would replace the existing authorization to increase CARE rates based upon the annual percentage increase in benefits under the CalWORKs program and instead authorize the commission to increase the rates in effect for CARE program participants for electricity usage up to 130% of baseline quantities by the annual percentage increase of the Consumer Price Index from the prior year but not to exceed 4% per year, and subject to the limitation that the CARE rates not exceed 80% of the corresponding rates charged to residential customers not participating in the CARE program.

end delete

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: begin deleteno end deletebegin insertyesend insert.

The people of the State of California do enact as follows:

P4    1begin insert

begin insertSECTION 1.end insert  

end insert
begin insert

The Legislature finds and declares all of the
2following:

end insert
begin insert

3(a) The Federal Reserve has stated that “[m]ost policymakers
4estimate the longer-run normal rate of unemployment is between
55.2 and 6 percent.” At 7.6 percent, the current United States
6unemployment rate remains markedly higher than the normal rate
7and both the unemployment rates in Sacramento County and
8California are higher than the current national unemployment
9rate.

end insert
begin insert

10(b) The California Environmental Quality Act (Division 13
11(commencing with Section 21000) of the Public Resources Code)
12requires that the environmental impacts of development projects
13be identified and mitigated. The act also guarantees the public an
14opportunity to review and comment on the environmental impacts
15of a project and to participate meaningfully in the development of
P5    1mitigation measures for potentially significant environmental
2impacts.

end insert
begin insert

3(c) The existing home of the City of Sacramento’s National
4Basketball Association (NBA) team, the Sleep Train Arena, is an
5old and outmoded facility located outside of the City of
6Sacramento’s downtown area and is not serviced by the region’s
7existing heavy and light rail transportation networks. It was
8constructed 25 years ago and a new, more efficient entertainment
9and sports center located in downtown Sacramento is needed to
10meet the city’s and region’s needs.

end insert
begin insert

11(d) The City of Sacramento and the region would greatly benefit
12from the addition of a multipurpose event center capable of hosting
13a wide range of events including exhibitions, conventions, sporting
14events, as well as musical, artistic, and cultural events in downtown
15Sacramento.

end insert
begin insert

16(e) The proposed entertainment and sports center project is a
17public-private partnership between the City of Sacramento and
18the applicant that will result in the construction of a new
19state-of-the-art multipurpose event center, and surrounding infill
20development in downtown Sacramento as described in the notice
21of preparation released by the City of Sacramento on April 12,
222013.

end insert
begin insert

23(f) The project will generate over 4,000 full-time jobs including
24employees hired both during construction and operation of the
25entertainment and sports center project. This employment estimate
26does not include the substantial job generation that will occur with
27the surrounding development uses, which will generate additional
28hospitality, office, restaurant, and retail jobs in Sacramento’s
29downtown area.

end insert
begin insert

30(g) The project also presents an unprecedented opportunity to
31implement innovative measures that will significantly reduce traffic
32and air quality impacts and mitigate the greenhouse gas emissions
33resulting from the project. The project site is located in downtown
34Sacramento near heavy and light rail transit facilities, situated to
35maximize opportunities to encourage nonautomobile modes of
36travel to the entertainment and sports center project, and is
37consistent with the policies and regional vision included in the
38Sustainable Communities Strategy adopted pursuant to Chapter
39728 of the Statutes of 2008 by the Sacramento Area Council of
40Governments in April of 2012. The project is also located within
P6    1close proximity to three major infill development areas including
2projects (The Bridge District, Railyards, and Township Nine) that
3received infill infrastructure grants from the state pursuant to
4Proposition 1C.

end insert
begin insert

5(h) It is in the interest of the state to expedite judicial review of
6the entertainment and sports center project, as appropriate, while
7protecting the environment and the right of the public to review,
8comment on, and, if necessary, seek judicial review of, the
9adequacy of the environmental impact report for the project.

end insert
10begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 21168.6.6 is added to the end insertbegin insertPublic Resources
11Code
end insert
begin insert, to read:end insert

begin insert
12

begin insert21168.6.6.end insert  

(a) For the purposes of this section, the following
13definitions shall have the following meanings:

14(1) “Applicant” means a private entity or its affiliates that
15proposes the project and its successors, heirs, and assignees.

16(2) “City” means the City of Sacramento.

17(3) “Downtown arena” means an arena that is constructed to
18meet the standards required for Leadership in Energy and
19Environmental Design (LEED) silver certification or better by the
20United States Green Building Council, associated public spaces,
21and facility and infrastructure for ingress, egress, and use of the
22arena facility from demolition and site preparation through
23operation proposed as part of the entertainment and sports center
24project that will become the new home to the City of Sacramento’s
25National Basketball Association (NBA) team.

26(4) “Entertainment and sports center project” or “project”
27means a project that substantially conforms to the project
28description for the entertainment and sports center project set
29forth in the notice of preparation released by the City of
30Sacramento on April 12, 2013.

31(b) The city may prosecute an eminent domain action associated
32with the downtown arena through order of possession pursuant
33to the Eminent Domain Law (Title 7 (commencing with Section
341230.010) of Part 3 of the Code of Civil Procedure) prior to
35certification of the environmental impact report on the project.

36(c) Notwithstanding any other law, the procedures established
37pursuant to subdivision (d) shall apply to an action or proceeding
38brought to attack, review, set aside, void, or annul the certification
39of the environmental impact report for the project or the granting
40of any project approvals.

P7    1(d) On or before July 1, 2014, the Judicial Council shall adopt
2a rule of court to establish procedures applicable to actions or
3proceedings brought to attack, review, set aside, void, or annul
4the certification of the environmental impact report for the project
5or the granting of any project approvals that require the actions
6or proceedings, including any potential appeals therefrom, be
7resolved, to the extent feasible, within 270 days of certification of
8the record of proceedings pursuant to subdivision (f).

9(e) (1) The draft and final environmental impact report shall
10include a notice in not less than 12-point type stating the following:


12THIS EIR IS SUBJECT TO SECTION 21168.6.6 OF THE
13PUBLIC RESOURCES CODE, WHICH PROVIDES, AMONG
14OTHER THINGS, THAT THE LEAD AGENCY NEED NOT
15CONSIDER CERTAIN COMMENTS FILED AFTER THE CLOSE
16OF THE PUBLIC COMMENT PERIOD FOR THE DRAFT EIR.
17ANY JUDICIAL ACTION CHALLENGING THE CERTIFICATION
18OF THE EIR OR THE APPROVAL OF THE PROJECT
19DESCRIBED IN THE EIR IS SUBJECT TO THE PROCEDURES
20SET FORTH IN SECTION 21168.6.6 OF THE PUBLIC
21RESOURCES CODE. A COPY OF SECTION 21168.6.6 OF THE
22PUBLIC RESOURCES CODE IS INCLUDED IN THE APPENDIX
23TO THIS EIR.


25(2) The draft environmental impact report and final
26environmental impact report shall contain, as an appendix, the
27full text of this section.

28(3) Within 10 days after the release of the draft environmental
29 impact report, the lead agency shall conduct an informational
30workshop to inform the public of the key analyses and conclusions
31of that report.

32(4) Within 10 days before the close of the public comment
33period, the lead agency shall hold a public hearing to receive
34testimony on the draft environmental impact report. A transcript
35of the hearing shall be included as an appendix to the final
36environmental impact report.

37(5) (A) Within five days following the close of the public
38comment period, a commenter on the draft environmental impact
39report may submit to the lead agency a written request for
40nonbinding mediation. The lead agency and applicant shall
P8    1participate in nonbinding mediation with all commenters who
2submitted timely comments on the draft environmental impact
3report and who requested the mediation. Mediation conducted
4pursuant to this paragraph shall end no later than 35 days after
5the close of the public comment period.

6(B) A request for mediation shall identify all areas of dispute
7raised in the comment submitted by the commenter that are to be
8mediated.

9(C) The lead agency shall select one or more mediators who
10shall be retired judges or recognized experts with at least five
11years experience in land use and environmental law or science,
12or mediation. The applicant shall bear the costs of mediation.

13(D) A mediation session shall be conducted on each area of
14dispute with the parties requesting mediation on that area of
15dispute.

16(E) The lead agency shall adopt, as a condition of approval,
17any measures agreed upon by the lead agency, the applicant, and
18any commenter who requested mediation. A commenter who agrees
19to a measure pursuant to this subparagraph shall not raise the
20issue addressed by that measure as a basis for an action or
21proceeding challenging the lead agency’s decision to certify the
22environmental impact report or to grant one or more initial project
23approvals.

24(6) The lead agency need not consider written comments
25submitted after the close of the public comment period, unless
26those comments address any of the following:

27(A) New issues raised in the response to comments by the lead
28agency.

29(B) New information released by the public agency subsequent
30to the release of the draft environmental impact report, such as
31new information set forth or embodied in a staff report, proposed
32permit, proposed resolution, ordinance, or similar documents.

33(C) Changes made to the project after the close of the public
34comment period.

35(D) Proposed conditions for approval, mitigation measures, or
36proposed findings required by Section 21081 or a proposed
37reporting and monitoring program required by paragraph (1) of
38subdivision (a) of Section 21081.6, where the lead agency releases
39those documents subsequent to the release of the draft
40environmental impact report.

P9    1(E) New information that was not reasonably known and could
2not have been reasonably known during the public comment period.

3(7) The lead agency shall file the notice required by subdivision
4(a) of Section 21152 within five days after the last initial project
5approval.

6(f) (1) The lead agency shall prepare and certify the record of
7the proceedings in accordance with this subdivision and in
8accordance with Rule 3.1365 of the California Rules of Court. The
9applicant shall pay the lead agency for all costs of preparing and
10certifying the record of proceedings.

11(2) No later than three business days following the date of the
12release of the draft environmental impact report, the lead agency
13shall make available to the public in a readily accessible electronic
14format the draft environmental impact report and all other
15documents submitted to or relied on by the lead agency in the
16preparation of the draft environmental impact report. A document
17prepared by the lead agency or submitted by the applicant after
18the date of the release of the draft environmental impact report
19that is a part of the record of the proceedings shall be made
20available to the public in a readily accessible electronic format
21within five business days after the document is prepared or received
22by the lead agency.

23(3) Notwithstanding paragraph (2), documents submitted to or
24relied on by the lead agency that were not prepared specifically
25for the project and are copyright protected are not required to be
26made readily accessible in an electronic format. For those
27copyright protected documents, the lead agency shall make an
28index of these documents available in an electronic format no later
29than the date of the release of the draft environmental impact
30report, or within five business days if the document is received or
31relied on by the lead agency after the release of the draft
32environmental impact report. The index must specify the libraries
33or lead agency offices in which hardcopies of the copyrighted
34materials are available for public review.

35(4) The lead agency shall encourage written comments on the
36project to be submitted in a readily accessible electronic format,
37and shall make any such comment available to the public in a
38readily accessible electronic format within five days of its receipt.

39(5) Within seven business days after the receipt of any comment
40that is not in an electronic format, the lead agency shall convert
P10   1that comment into a readily accessible electronic format and make
2it available to the public in that format.

3(6) The lead agency shall indicate in the record of the
4proceedings comments received that were not considered by the
5lead agency pursuant to paragraph (6) of subdivision (e) and need
6not include the content of the comments as a part of the record.

7(7) Within five days after the filing of the notice required by
8subdivision (a) of Section 21152, the lead agency shall certify the
9record of the proceedings for the approval or determination and
10 shall provide an electronic copy of the record to a party that has
11submitted a written request for a copy. The lead agency may charge
12and collect a reasonable fee from a party requesting a copy of the
13record for the electronic copy, which shall not exceed the
14reasonable cost of reproducing that copy.

15(8) Within 10 days after being served with a complaint or a
16petition for a writ of mandate, the lead agency shall lodge a copy
17of the certified record of proceedings with the superior court.

18(9) Any dispute over the content of the record of the proceedings
19shall be resolved by the superior court. Unless the superior court
20directs otherwise, a party disputing the content of the record shall
21file a motion to augment the record at the time it files its initial
22brief.

23(10) The contents of the record of proceedings shall be as set
24forth in subdivision (e) of Section 21167.6.

25(g) As a condition of approval of the project subject to this
26section, the lead agency shall require the applicant, with respect
27to any measures specific to the operation of the project, to
28implement those measures that will meet the requirements of this
29division by the end of the first NBA season during which an NBA
30team has played at the downtown arena. To maximize public health,
31environmental, and employment benefits, the lead agency shall
32place the highest priority on feasible measures that will reduce
33greenhouse gas emissions on the downtown arena site and in the
34neighboring communities of the downtown arena. Offset credits
35shall be employed by the applicant only after feasible local
36emission reduction measures have been implemented. The applicant
37shall, to the extent feasible, place the highest priority on the
38purchase of offset credits that produce emission reductions within
39the city or the boundaries of the Sacramento Metropolitan Air
40Quality Management District.

P11   1(h) (1) (A) In granting relief in an action or proceeding brought
2pursuant to this section, the court shall not stay or enjoin the
3construction or operation of the downtown arena unless the court
4finds either of the following:

5(i) The continued construction or operation of the downtown
6arena presents an imminent threat to the public health and safety.

7(ii) The downtown arena site contains unforeseen important
8Native American artifacts or unforeseen important historical,
9archaeological, or ecological values that would be materially,
10permanently, and adversely affected by the continued construction
11or operation of the downtown arena unless the court stays or
12enjoins the construction or operation of the downtown arena.

13(B) If the court finds that clause (i) or (ii) is satisfied, the court
14shall only enjoin those specific activities associated with the
15downtown arena that present an imminent threat to public health
16and safety or that materially, permanently, and adversely affect
17unforeseen important Native American artifacts or unforeseen
18important historical, archaeological, or ecological values.

19(2) In granting relief associated with the downtown arena in
20an action or proceeding brought pursuant to this section, the court
21shall enter an order mandating that the public agency conduct
22further environmental review, including consideration of additional
23feasible mitigation measures where available and necessary to
24bring the determination, finding, or decision into compliance with
25this division.

26(3) Paragraphs (1) and (2) set forth the sole remedies available
27in an action or proceeding brought pursuant to this section
28challenging the downtown arena and no provision of law that is
29inconsistent or conflicts with this subdivision shall apply to an
30action or proceeding subject to this section.

31(4) Where an action or proceeding brought pursuant to this
32section challenges aspects of the project other than the downtown
33arena and those portions or specific project activities are severable
34from the downtown arena, the court may enter an order as to
35aspects of the project other than the downtown arena that includes
36one or more of the remedies set forth in Section 21168.9.

37(i) The provisions of this section are severable. If any provision
38of this section or its application is held invalid, that invalidity shall
39not affect other provisions or applications that can be given effect
40without the invalid provision or application.

P12   1(j) (1) This section does not apply to the project and shall
2become inoperative on the date of the release of the draft
3environmental impact report and is repealed on January 1 of the
4following year, if the applicant fails to notify the lead agency prior
5to the release of the draft environmental impact report for public
6comment that the applicant is electing to proceed pursuant to this
7section.

8(2) The lead agency shall notify the Secretary of State if the
9applicant fails to notify the lead agency of its election to proceed
10pursuant to this section.

end insert
11begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 21181 of the end insertbegin insertPublic Resources Codeend insertbegin insert is
12amended to read:end insert

13

21181.  

This chapter does not apply to a project if thebegin delete applicant
14fails to notify a lead agency prior to the release of the draft
15environmental impact report for public comment that the applicant
16is electing to proceed pursuant to this chapter. The lead agency
17shall notify the Secretary of the Natural Resources Agency if the
18applicant fails to provide notification pursuant to this section.end delete

19begin insert Governor does not certify a project as an environmental leadership
20development project eligible for streamlining provided pursuant
21to this chapter prior to January 1, 2016.end insert

22begin insert

begin insertSEC. 4.end insert  

end insert

begin insertSection 21185 of the end insertbegin insertPublic Resources Codeend insertbegin insert is
23repealed.end insert

begin delete
24

21185.  

(a) Notwithstanding any other law, any action or
25proceeding alleging that a public agency or has approved or is
26undertaking a leadership project certified by the Governor in
27violation of this division shall be conducted in accordance with
28the following streamlining benefits:

29(1) The action or proceeding shall be filed in the Court of Appeal
30with geographic jurisdiction over the project.

31(2) Any party bringing such a claim shall also file concurrently
32any other claims alleging that a public agency has granted land
33use approvals for the leadership project in violation of the law.
34The Court of Appeal shall have original jurisdiction over all those
35claims.

36(3) The Court of Appeal shall issue its decision in the case within
37175 days of the filing of the petition.

38(4) The court may appoint a master to assist the court in
39managing and processing the case.

P13   1(5) The court may grant extensions of time only for good cause
2shown and in order to promote the interests of justice.

3(b) On or before July 1, 2012, the Judicial Council shall adopt
4Rules of Court to implement this chapter.

end delete
5begin insert

begin insertSEC. 5.end insert  

end insert

begin insertSection 21185 is added to the end insertbegin insertPublic Resources Codeend insertbegin insert,
6to read:end insert

begin insert
7

begin insert21185.end insert  

On or before July 1, 2014, the Judicial Council shall
8adopt a rule of court to establish procedures applicable to actions
9or proceedings brought to attack, review, set aside, void, or annul
10the certification of the environmental impact report for an
11environmental leadership development project certified by the
12Governor pursuant to this chapter or the granting of any project
13approvals that require the actions or proceedings, including any
14potential appeals therefrom, be resolved, to the extent feasible,
15within 270 days of certification of the record of proceedings
16pursuant to Section 21186.

end insert
17begin insert

begin insertSEC. 6.end insert  

end insert

begin insertSection 21186 of the end insertbegin insertPublic Resources Codeend insertbegin insert is
18amended to read:end insert

19

21186.  

Notwithstanding any other law, the preparation and
20certification of the administrative record for a leadership project
21certified by the Governor shall be performed in the following
22manner:

23(a) The lead agency for the project shall prepare the
24administrative record pursuant to this division concurrently with
25the administrative process.

26(b) All documents and other materials placed in the
27administrative record shall be posted on, and be downloadable
28from, an Internet Web site maintained by the lead agency
29commencing with the date of the release of the draft environmental
30impact report.

31(c) The lead agency shall make available to the public in a
32readily accessible electronic format the draft environmental impact
33report and all other documents submitted to, or relied on by, the
34lead agency in the preparation of the draft environmental impact
35report.

36(d) A document prepared by the lead agency or submitted by
37the applicant after the date of the release of the draft environmental
38impact report that is a part of the record of the proceedings shall
39be made available to the public in a readily accessible electronic
P14   1format within five business days after the document is released or
2received by the lead agency.

3(e) The lead agency shall encourage written comments on the
4project to be submitted in a readily accessible electronic format,
5and shall make any comment available to the public in a readily
6accessible electronic format within five days of its receipt.

7(f) Within seven business days after the receipt of any comment
8that is not in an electronic format, the lead agency shall convert
9that comment into a readily accessible electronic format and make
10it available to the public in that format.

begin insert

11(g) Notwithstanding paragraphs (b) to (f), inclusive, documents
12submitted to or relied on by the lead agency that were not prepared
13specifically for the project and are copyright protected are not
14required to be made readily accessible in an electronic format.
15For those copyright-protected documents, the lead agency shall
16make an index of these documents available in an electronic format
17no later than the date of the release of the draft environmental
18impact report, or within five business days if the document is
19received or relied on by the lead agency after the release of the
20draft environmental impact report. The index must specify the
21 libraries or lead agency offices in which hardcopies of the
22copyrighted materials are available for public review.

end insert
begin delete

23(g)

end delete

24begin insert(h)end insert The lead agency shall certify the final administrative record
25within five days of its approval of the project.

begin delete

26(h)

end delete

27begin insert(i)end insert Any dispute arising from the administrative record shall be
28resolved by thebegin delete Court of Appeal pursuant to Section 21185.end delete
29begin insert superior court. Unless the superior court directs otherwise, a party
30disputing the content of the record shall file a motion to augment
31the record at the time it files its initial brief.end insert

begin insert

32(j) The contents of the record of proceedings shall be as set
33forth in subdivision (e) of Section 21167.6.

end insert
34begin insert

begin insertSEC. 7.end insert  

end insert

begin insertSection 21187 of the end insertbegin insertPublic Resources Codeend insertbegin insert is
35amended to read:end insert

36

21187.  

begin deleteThe draft and final environmental impact report shall
37include a end delete
begin insertWithin 10 days of the Governor certifying an
38environmental leadership development project pursuant to this
39section, the lead agency shall, at the applicant’s expense, issue a
40public end insert
notice in no less than 12-point type stating the following:


begin delete

P15   2“THIS EIR IS SUBJECT TO

end delete

3begin insert“THE APPLICANT HAS ELECTED TO PROCEED UNDER end insert
4CHAPTER 6.5 (COMMENCING WITH SECTION 21178) OF
5THE PUBLIC RESOURCES CODE, WHICH PROVIDES,
6AMONG OTHER THINGS, THAT ANY JUDICIAL ACTION
7CHALLENGING THE CERTIFICATION OF THE EIR OR THE
8APPROVAL OF THE PROJECT DESCRIBED IN THE EIR IS
9SUBJECT TO THE PROCEDURES SET FORTH INbegin delete SECTION
1021178.2end delete
begin insert SECTIONS 21185 TO 21186, INCLUSIVE, end insertOF THE
11PUBLIC RESOURCESbegin delete CODE AND MUST BE FILED WITH
12THE COURT OF APPEAL.end delete
begin insert CODE.end insert A COPY OF CHAPTER 6.5
13begin insert (COMMENCING WITH SECTION 21178)end insert OF THE PUBLIC
14RESOURCES CODE IS INCLUDEDbegin delete IN THE APPENDIX TO
15THIS EIR.”end delete
begin insert BELOW.”end insert


begin insert

17The public notice shall be distributed by the lead agency as
18required for public notices issued pursuant to paragraph (3) of
19subdivision (b) of Section 21092.

end insert
20begin insert

begin insertSEC. 8.end insert  

end insert

begin insertSection 21189.1 of the end insertbegin insertPublic Resources Codeend insertbegin insert is
21amended to read:end insert

22

21189.1.  

begin delete(a)end deletebegin deleteend deleteIfbegin insert, prior to January 1, 2016,end insert a lead agency fails
23tobegin delete certify an environmental impact report for a leadershipend deletebegin insert approve
24aend insert
projectbegin delete subject to this chapter on or before June 1, 2014, this
25chapter shall not apply to that project. The lead agency shall notify
26the Secretary of the Natural Resources Agency by July 1, 2014, if
27an environmental impact report subject to this chapter has not been
28certified by that date.end delete
begin insert certified by the Governor pursuant to this
29chapter, then the certification expires and is no longer valid.end insert

begin delete

30(b) If, prior to June 1, 2014, a certification issued pursuant to
31this chapter has not been used or the time period during which an
32action or proceeding, for purposes of Section 21185, may be filed
33under this chapter has not elapsed, the certification expires and is
34no longer valid.

end delete
35begin insert

begin insertSEC. 9.end insert  

end insert

begin insertSection 21189.3 of the end insertbegin insertPublic Resources Codeend insertbegin insert is
36amended to read:end insert

37

21189.3.  

This chapter shall remain in effect until January 1,
38begin delete 2015,end deletebegin insert 2017,end insert and as of that date is repealed unless a later enacted
39statute extends or repeals that date.

P16   1begin insert

begin insertSEC. 10.end insert  

end insert
begin insert

With respect to certain provisions of this measure,
2the Legislature finds and declares that a special law is necessary
3and that a general law cannot be made applicable within the
4meaning of Section 16 of Article IV of the California Constitution
5because of the unique need for the development of an entertainment
6and sports center project in the City of Sacramento in an
7expeditious manner.

end insert
8begin insert

begin insertSEC. 11.end insert  

end insert
begin insert

No reimbursement is required by this act pursuant
9to Section 6 of Article XIII B of the California Constitution because
10a local agency or school district has the authority to levy service
11charges, fees, or assessments sufficient to pay for the program or
12level of service mandated by this act, within the meaning of Section
1317556 of the Government Code.

end insert
begin delete

  

14

SECTION 1.  

Section 739.1 of the Public Utilities Code is
15amended to read:

16

739.1.  

(a) As used in this section, the following terms have
17the following meanings:

18(1) “Baseline quantity” has the same meaning as defined in
19Section 739.

20(2) “California Solar Initiative” means the program providing
21ratepayer funded incentives for eligible solar energy systems
22adopted by the commission in Decision 05-12-044 and Decision
2306-01-024, as modified by Article 1 (commencing with Section
242851) of Chapter 9 of Part 2 and Chapter 8.8 (commencing with
25Section 25780) of Division 15 of the Public Resources Code.

26(3) “Public goods charge” means the nonbypassable separate
27rate component imposed pursuant to Article 7 (commencing with
28Section 381) of Chapter 2.3 and the nonbypassable system benefits
29charge imposed pursuant to the Reliable Electric Service
30Investments Act (Article 15 (commencing with Section 399) of
31Chapter 2.3).

32(b) (1) The commission shall establish a program of assistance
33to low-income electric and gas customers with annual household
34incomes that are no greater than 200 percent of the federal poverty
35guideline levels, the cost of which shall not be borne solely by any
36single class of customer. The program shall be referred to as the
37California Alternate Rates for Energy or CARE program. The
38commission shall ensure that the level of discount for low-income
39electric and gas customers correctly reflects the level of need.

P17   1(2) The commission may, subject to the limitation in paragraph
2(4), increase the rates in effect for CARE program participants for
3electricity usage up to 130 percent of baseline quantities by the
4annual percentage increase in the Consumer Price Index from the
5prior year but not to exceed 4 percent per year. For purposes of
6this subdivision, the annual percentage change in the Consumer
7Price Index shall be calculated using the same formula that was
8used to determine the annual Social Security Cost of Living
9Adjustment on January 1, 2008.

10(3) Beginning January 1, 2019, the commission may, subject
11to the limitation in paragraph (4), establish rates for CARE program
12participants pursuant to this section and Sections 739 and 739.9,
13subject to both of the following:

14(A) The requirements of subdivision (b) of Section 382 that the
15commission ensure that low-income ratepayers are not jeopardized
16or overburdened by monthly energy expenditures.

17(B) The requirement that the level of the discount for
18low-income electricity and gas ratepayers correctly reflects the
19level of need as determined by the needs assessment conducted
20pursuant to subdivision (d) of Section 382.

21(4) Tier 1, tier 2, and tier 3 CARE rates shall not exceed 80
22percent of the corresponding tier 1, tier 2, and tier 3 rates charged
23to residential customers not participating in the CARE program,
24excluding any Department of Water Resources bond charge
25imposed pursuant to Division 27 (commencing with Section 80000)
26of the Water Code, the CARE surcharge portion of the public
27goods charge, any charge imposed pursuant to the California Solar
28Initiative, and any charge imposed to fund any other program that
29exempts CARE participants from paying the charge.

30(5) Rates charged to CARE program participants shall not have
31more than three tiers. An electrical corporation that does not have
32 a tier 3 CARE rate may introduce a tier 3 CARE rate that, in order
33to moderate the impact on program participants whose usage
34exceeds 130 percent of baseline quantities, shall be phased in to
3580 percent of the corresponding rates charged to residential
36customers not participating in the CARE program, excluding any
37Department of Water Resources bond charge imposed pursuant to
38Division 27 (commencing with Section 80000) of the Water Code,
39the CARE surcharge portion of the public goods charge, any charge
40imposed pursuant to the California Solar Initiative, and any other
P18   1charge imposed to fund a program that exempts CARE participants
2from paying the charge. For an electrical corporation that does not
3have a tier 3 CARE rate that introduces a tier 3 CARE rate, the
4initial rate shall be no more than 150 percent of the CARE baseline
5rate. Any additional revenues collected by an electrical corporation
6resulting from the adoption of a tier 3 CARE rate shall, until the
7utility’s next periodic general rate case review of cost allocation
8and rate design, be credited to reduce rates of residential ratepayers
9not participating in the CARE program with usage above 130
10percent of baseline quantities.

11(c) The commission shall work with electrical and gas
12corporations to establish penetration goals. The commission shall
13authorize recovery of all administrative costs associated with the
14implementation of the CARE program that the commission
15determines to be reasonable, through a balancing account
16mechanism. Administrative costs shall include, but are not limited
17to, outreach, marketing, regulatory compliance, certification and
18verification, billing, measurement and evaluation, and capital
19improvements and upgrades to communications and processing
20equipment.

21(d) The commission shall examine methods to improve CARE
22enrollment and participation. This examination shall include, but
23need not be limited to, comparing information from CARE and
24the Universal Lifeline Telephone Service (ULTS) to determine
25the most effective means of utilizing that information to increase
26CARE enrollment, automatic enrollment of ULTS customers who
27are eligible for the CARE program, customer privacy issues, and
28alternative mechanisms for outreach to potential enrollees. The
29commission shall ensure that a customer consents prior to
30enrollment. The commission shall consult with interested parties,
31including ULTS providers, to develop the best methods of
32informing ULTS customers about other available low-income
33programs, as well as the best mechanism for telephone providers
34to recover reasonable costs incurred pursuant to this section.

35(e) (1) The commission shall improve the CARE application
36process by cooperating with other entities and representatives of
37California government, including the California Health and Human
38Services Agency and the Secretary of California Health and Human
39Services, to ensure that all gas and electric customers eligible for
40public assistance programs in California that reside within the
P19   1service territory of an electrical corporation or gas corporation,
2are enrolled in the CARE program. To the extent practicable, the
3commission shall develop a CARE application process using the
4existing ULTS application process as a model. The commission
5shall work with public utility electrical and gas corporations and
6the Low-Income Oversight Board established in Section 382.1 to
7meet the low-income objectives in this section.

8(2) The commission shall ensure that an electrical corporation
9or gas corporation with a commission-approved program to provide
10discounts based upon economic need in addition to the CARE
11program, including a Family Electric Rate Assistance program,
12utilize a single application form, to enable an applicant to
13alternatively apply for any assistance program for which the
14applicant may be eligible. It is the intent of the Legislature to allow
15applicants under one program, that may not be eligible under that
16program, but that may be eligible under an alternative assistance
17program based upon economic need, to complete a single
18application for any commission-approved assistance program
19offered by the public utility.

20(f) The commission’s program of assistance to low-income
21electric and gas customers shall, as soon as practicable, include
22nonprofit group living facilities specified by the commission, if
23the commission finds that the residents in these facilities
24substantially meet the commission’s low-income eligibility
25requirements and there is a feasible process for certifying that the
26assistance shall be used for the direct benefit, such as improved
27quality of care or improved food service, of the low-income
28residents in the facilities. The commission shall authorize utilities
29to offer discounts to eligible facilities licensed or permitted by
30appropriate state or local agencies, and to facilities, including
31women’s shelters, hospices, and homeless shelters, that may not
32have a license or permit but provide other proof satisfactory to the
33utility that they are eligible to participate in the program.

34(g) It is the intent of the Legislature that the commission ensure
35CARE program participants are afforded the lowest possible
36electric and gas rates and, to the extent possible, are exempt from
37additional surcharges attributable to the energy crisis of 2000-01.

38(h) (1) In addition to existing assessments of eligibility, an
39electrical corporation may require proof of income eligibility for
40those CARE program participants whose electricity usage, in any
P20   1monthly or other billing period, exceeds 400 percent of baseline
2usage. The authority of an electrical corporation to require proof
3of income eligibility is not limited by the means by which the
4CARE program participant enrolled in the program, including if
5the participant was automatically enrolled in the CARE program
6because of participation in a governmental assistance program. If
7a CARE program participant’s electricity usage exceeds 400
8percent of baseline usage, the electrical corporation may require
9the CARE program participant to participate in the Energy Savings
10Assistance Program (ESAP), which includes a residential energy
11assessment, in order to provide the CARE program participant
12with information and assistance in reducing his or her energy usage.
13Continued participation in the CARE program may be conditioned
14upon the CARE program participant agreeing to participate in
15ESAP within 45 days of notice being given by the electrical
16corporation pursuant to this paragraph. The electrical corporation
17may require the CARE program participant to notify the utility of
18whether the residence is rented, and if so, a means by which to
19contact the landlord, and the electrical corporation may share any
20evaluation and recommendation relative to the residential structure
21that is made as part of an energy assessment, with the landlord of
22the CARE program participant. Requirements imposed pursuant
23to this paragraph shall be consistent with procedures adopted by
24the commission.

25(2) If a CARE program participant’s electricity usage exceeds
26600 percent of baseline usage, the electrical corporation shall
27require the CARE program participant to participate in ESAP,
28which includes a residential energy assessment, in order to provide
29the CARE program participant with information and assistance in
30reducing his or her energy usage. Continued participation in the
31CARE program shall be conditioned upon the CARE program
32participant agreeing to participate in ESAP within 45 days of a
33notice made by the electrical corporation pursuant to this paragraph.
34 The electrical corporation may require the CARE program
35participant to notify the utility of whether the residence is rented,
36and if so, a means by which to contact the landlord, and the
37electrical corporation may share any evaluation and
38recommendation relative to the residential structure that is made
39as part of an energy assessment, with the landlord of the CARE
40program participant. Following the completion of the energy
P21   1assessment, if the CARE program participant’s electricity usage
2continues to exceed 600 percent of baseline usage, the electrical
3corporation may remove the CARE program participant from the
4program if the removal is consistent with procedures adopted by
5the commission. Nothing in this paragraph shall prevent a CARE
6program participant with electricity usage exceeding 600 percent
7of baseline usage from participating in an appeals process with the
8electrical corporation to determine whether the participant’s usage
9levels are legitimate.

10(3) A CARE program participant in a rental residence shall not
11be removed from the program in situations where the landlord is
12nonresponsive when contacted by the electrical corporation or
13does not provide for ESAP participation.

end delete


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