Amended in Assembly September 12, 2013

Amended in Assembly September 6, 2013

Senate BillNo. 743


Introduced by Senator Steinberg

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

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

February 22, 2013


An actbegin insert to amend Sections 65088.1 and 65088.4 of the Government Code, andend insert to amend Sections 21181,begin insert 21183, end insert 21186, 21187, 21189.1, and 21189.3 of,begin insert to add Sectionend insertbegin insert 21155.4end insertbegin insert to, to add Chapter 2.7 (commencing with Section 21099) to Division 13 of, to add and repeal Section 21168.6.6 of, andend insert to repeal and add Section 21185 of,begin delete and to add and repeal Section 21168.6.6 of,end delete the Public Resources Code, relating to environmental quality.

LEGISLATIVE COUNSEL’S DIGEST

SB 743, as amended, Steinberg. Environmental quality:begin insert transit oriented infill projects,end insert judicial review streamlining for environmental leadership developmentbegin delete projectsend deletebegin insert projects,end insert and entertainment and sports center in the City of Sacramento.

(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 The Jobs and Economic Improvement Through Environmental Leadership Act of 2011 is repealed by its own terms on January 1, 2015.

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,begin delete to the extent feasible,end delete 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.

(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.

begin insert

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 of Planning and Research 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.

end 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.

begin insert

(3) 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.

end insert
begin insert

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.

end insert
begin insert

(4) 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.

end insert
begin insert

This bill would repeal this provision.

end insert

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

begin delete

(3)

end delete

begin insert(5)end insert 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 no reimbursement is required by this act for a specified reason.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

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

P4    1begin insert

begin insertSECTION 1.end insert  

end insert
begin insert

(a) The Legislature finds and declares the
2following:

end insert
begin insert

3(1) With the adoption of Chapter 728 of the Statutes of 2008,
4popularly known as the Sustainable Communities and Climate
5Protection Act of 2008, the Legislature signaled its commitment
6to encouraging land use and transportation planning decisions
7and investments that reduce vehicle miles traveled and contribute
8to the reductions in greenhouse gas emissions required in the
9California Global Warming Solutions Act of 2006 (Division 25.5
10(commencing with Section 38500) of the Health and Safety Code).
11Similarly, the California Complete Streets Act of 2008 (Chapter
P5    1657 of the Statutes of 2008) requires local governments to plan
2for a balanced, multimodal transportation network that meets the
3needs of all users of streets, roads, and highways for safe and
4convenient travel.

end insert
begin insert

5(2) Transportation analyses under the California Environmental
6Quality Act (Division 13 (commencing with Section 21000) of the
7Public Resources Code) typically study changes in automobile
8delay. New methodologies under the California Environmental
9Quality Act are needed for evaluating transportation impacts that
10are better able to promote the state’s goals of reducing greenhouse
11gas emissions and traffic-related air pollution, promoting the
12development of a multimodal transportation system, and providing
13clean, efficient access to destinations.

end insert
begin insert

14(b) It is the intent of the Legislature to do both of the following:

end insert
begin insert

15(1) Ensure that the environmental impacts of traffic, such as
16noise, air pollution, and safety concerns, continue to be properly
17addressed and mitigated through the California Environmental
18Quality Act.

end insert
begin insert

19(2) More appropriately balance the needs of congestion
20management with statewide goals related to infill development,
21promotion of public health through active transportation, and
22reduction of greenhouse gas emissions.

end insert
23

begin deleteSECTION 1.end delete
24begin insertSEC. 2.end insert  

The Legislaturebegin insert furtherend insert finds and declares all of the
25following:

26(a) The Federal Reserve has stated that “[m]ost policymakers
27estimate the longer-run normal rate of unemployment is between
285.2 and 6 percent.” At 7.6 percent, the current United States
29unemployment rate remains markedly higher than the normal rate
30and both the unemployment rates in Sacramento County and
31California are higher than the current national unemployment rate.

32(b) The California Environmental Quality Act (Division 13
33(commencing with Section 21000) of the Public Resources Code)
34requires that the environmental impacts of development projects
35be identified and mitigated. The act also guarantees the public an
36opportunity to review and comment on the environmental impacts
37of a project and to participate meaningfully in the development of
38mitigation measures for potentially significant environmental
39impacts.

P6    1(c) The existing home of the City of Sacramento’s National
2Basketball Association (NBA) team, the Sleep Train Arena, is an
3old and outmoded facility located outside of the City of
4Sacramento’s downtown area and is not serviced by the region’s
5existing heavy and light rail transportation networks. It was
6constructed 25 years ago and a new, more efficient entertainment
7and sports center located in downtown Sacramento is needed to
8meet the city’s and region’s needs.

9(d) The City of Sacramento and the region would greatly benefit
10from the addition of a multipurpose event center capable of hosting
11a wide range of events including exhibitions, conventions, sporting
12events, as well as musical, artistic, and cultural events in downtown
13Sacramento.

14(e) The proposed entertainment and sports center project is a
15public-private partnership between the City of Sacramento and the
16applicant that will result in the construction of a new state-of-the-art
17multipurpose event center, and surrounding infill development in
18downtown Sacramento as described in the notice of preparation
19released by the City of Sacramento on April 12, 2013.

20(f) The project will generate over 4,000 full-time jobs including
21employees hired both during construction and operation of the
22entertainment and sports center project. This employment estimate
23does not include the substantial job generation that will occur with
24the surrounding development uses, which will generate additional
25hospitality, office, restaurant, and retail jobs in Sacramento’s
26downtown area.

27(g) The project also presents an unprecedented opportunity to
28implement innovative measures that will significantly reduce traffic
29and air quality impacts and mitigate the greenhouse gas emissions
30resulting from the project. The project site is located in downtown
31Sacramento near heavy and light rail transit facilities, situated to
32maximize opportunities to encourage nonautomobile modes of
33travel to the entertainment and sports center project, and is
34consistent with the policies and regional vision included in the
35Sustainable Communities Strategy adopted pursuant to Chapter
36728 of the Statutes of 2008 by the Sacramento Area Council of
37Governments in April of 2012. The project is also located within
38close proximity to three major infill development areas including
39projects (The Bridge District, Railyards, and Township Nine) that
P7    1received infill infrastructure grants from the state pursuant to
2Proposition 1C.

3(h) It is in the interest of the state to expedite judicial review of
4the entertainment and sports center project, as appropriate, while
5protecting the environment and the right of the public to review,
6comment on, and, if necessary, seek judicial review of, the
7adequacy of the environmental impact report for the project.

8begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 65088.1 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
9to read:end insert

10

65088.1.  

As used in this chapter the following terms have the
11following meanings:

begin delete

12(a) Unless the context requires otherwise, “regional agency”
13means the agency responsible for preparation of the regional
14transportation improvement program.

end delete
begin delete

15(b)

end delete

16begin insert(a)end insert Unless the context requires otherwise, “agency” means the
17agency responsible for the preparation and adoption of the
18congestion management program.

begin insert

19(b) “Bus rapid transit corridor” means a bus service that
20includes at least four of the following attributes:

end insert
begin insert

21(1) Coordination with land use planning.

end insert
begin insert

22(2) Exclusive right-of-way.

end insert
begin insert

23(3) Improved passenger boarding facilities.

end insert
begin insert

24(4) Limited stops.

end insert
begin insert

25(5) Passenger boarding at the same height as the bus.

end insert
begin insert

26(6) Prepaid fares.

end insert
begin insert

27(7) Real-time passenger information.

end insert
begin insert

28(8) Traffic priority at intersections.

end insert
begin insert

29(9) Signal priority.

end insert
begin insert

30(10) Unique vehicles.

end insert

31(c) “Commission” means the California Transportation
32Commission.

33(d) “Department” means the Department of Transportation.

begin delete

34(e) “Local jurisdiction” means a city, a county, or a city and
35county.

end delete
begin delete

36(f) “Parking cash-out program” means an employer-funded
37program under which an employer offers to provide a cash
38allowance to an employee equivalent to the parking subsidy that
39the employer would otherwise pay to provide the employee with
40a parking space. “Parking subsidy” means the difference between
P8    1the out-of-pocket amount paid by an employer on a regular basis
2in order to secure the availability of an employee parking space
3not owned by the employer and the price, if any, charged to an
4employee for use of that space.

end delete
begin delete

5A parking cash-out program may include a requirement that
6employee participants certify that they will comply with guidelines
7established by the employer designed to avoid neighborhood
8parking problems, with a provision that employees not complying
9with the guidelines will no longer be eligible for the parking
10cash-out program.

end delete
begin delete

11(g)

end delete

12begin insert(e)end insert “Infill opportunity zone” means a specific area designated
13by a city or county, pursuant to subdivision (c) of Section 65088.4,
14begin delete zoned for new compact residential or mixed use development
15within one-third mile of a site with an existing or future rail transit
16station, a ferry terminal served by either a bus or rail transit service,
17an intersection of at least two major bus routes, or within 300 feet
18of a bus rapid transit corridor, in counties with a population over
19400,000. The mixed use development zoning shall consist of three
20or more land uses that facilitate significant human interaction in
21close proximity, with residential use as the primary land use
22supported by other land uses such as office, hotel, health care,
23hospital, entertainment, restaurant, retail, and service uses. The
24transit service shall have maximum scheduled headways of 15
25minutes for at least 5 hours per day. A qualifying future rail station
26shall have broken ground on construction of the station and
27programmed operational funds to provide maximum scheduled
28headways of 15 minutes for at least 5 hours per day.end delete
begin insert that is within
29one-half mile of a major transit stop or high-quality transit corridor
30included in a regional transportation plan. A major transit stop
31is as defined in Section 21064.3 of the Public Resources Codeend insert
begin insert,
32except that, for purposes of this section, it also includes major
33transit stops that are included in the applicable regional
34transportation plan. For purposes of this section, a high-quality
35transit corridor means a corridor with fixed route bus service with
36service intervals no longer than 15 minutes during peak commute
37hours.end insert

begin delete

38(h)

end delete

39begin insert(f)end insert “Interregional travel” means any trips that originate outside
40the boundary of the agency. A “trip” means a one-direction vehicle
P9    1movement. The origin of any trip is the starting point of that trip.
2A roundtrip consists of two individual trips.

begin delete

3(i)

end delete

4begin insert(g)end insert “Level of service standard” is a threshold that defines a
5deficiency on the congestion management program highway and
6roadway system which requires the preparation of a deficiency
7plan. It is the intent of the Legislature that the agency shall use all
8elements of the program to implement strategies and actions that
9avoid the creation of deficiencies and to improve multimodal
10mobility.

begin insert

11(h) “Local jurisdiction” means a city, a county, or a city and
12county.

end insert
begin delete

13(j)

end delete

14begin insert(i)end insert “Multimodal” means the utilization of all available modes
15of travel that enhance the movement of people and goods,
16including, but not limited to, highway, transit, nonmotorized, and
17demand management strategies including, but not limited to,
18telecommuting. The availability and practicality of specific
19multimodal systems, projects, and strategies may vary by county
20and region in accordance with the size and complexity of different
21urbanized areas.

begin insert

22(j) (1) “Parking cash-out program” means an employer-funded
23program under which an employer offers to provide a cash
24allowance to an employee equivalent to the parking subsidy that
25the employer would otherwise pay to provide the employee with
26a parking space. “Parking subsidy” means the difference between
27the out-of-pocket amount paid by an employer on a regular basis
28in order to secure the availability of an employee parking space
29not owned by the employer and the price, if any, charged to an
30employee for use of that space.

end insert
begin insert

31(2) A parking cash-out program may include a requirement that
32employee participants certify that they will comply with guidelines
33established by the employer designed to avoid neighborhood
34parking problems, with a provision that employees not complying
35with the guidelines will no longer be eligible for the parking
36cash-out program.

end insert

37(k) “Performance measure” is an analytical planning tool that
38is used to quantitatively evaluate transportation improvements and
39to assist in determining effective implementation actions,
40considering all modes and strategies. Use of a performance measure
P10   1as part of the program does not trigger the requirement for the
2preparation of deficiency plans.

3(l) “Urbanized area” has the same meaning as is defined in the
41990 federal census for urbanized areas of more than 50,000
5population.

begin delete

6(m) “Bus rapid transit corridor” means a bus service that
7includes at least four of the following attributes:

end delete
begin delete

8(1) Coordination with land use planning.

end delete
begin delete

9(2) Exclusive right-of-way.

end delete
begin delete

10(3) Improved passenger boarding facilities.

end delete
begin delete

11(4) Limited stops.

end delete
begin delete

12(5) Passenger boarding at the same height as the bus.

end delete
begin delete

13(6) Prepaid fares.

end delete
begin delete

14(7) Real-time passenger information.

end delete
begin delete

15(8) Traffic priority at intersections.

end delete
begin delete

16(9) Signal priority.

end delete
begin delete

17(10) Unique vehicles.

end delete
begin insert

18(m) Unless the context requires otherwise, “regional agency”
19means the agency responsible for preparation of the regional
20transportation improvement program.

end insert
21begin insert

begin insertSEC. 4.end insert  

end insert

begin insertSection 65088.4 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
22to read:end insert

23

65088.4.  

(a) It is the intent of the Legislature to balance the
24need for level of service standards for traffic with the need to build
25infill housing and mixed use commercial developments within
26walking distance of mass transit facilities, downtowns, and town
27centers and to provide greater flexibility to local governments to
28balance these sometimes competing needs.

29(b) Notwithstanding any other provision of law, level of service
30standards described in Section 65089 shall not apply to the streets
31and highways within an infill opportunity zone.begin delete The city or county
32shall do either of the following:end delete

begin delete

33(1) Include these streets and highways under an alternative
34areawide level of service standard or multimodal composite or
35personal level of service standard that takes into account both of
36the following:

end delete
begin delete

37(A) The broader benefits of regional traffic congestion reduction
38by siting new residential development within walking distance of,
39and no more than one-third mile from, mass transit stations, shops,
P11   1and services, in a manner that reduces the need for long vehicle
2commutes and improves the jobs-housing balance.

end delete
begin delete

3(B) Increased use of alternative transportation modes, such as
4mass transit, bicycling, and walking.

end delete
begin delete

5(2) Approve a list of flexible level of service mitigation options
6that includes roadway expansion and investments in alternate
7modes of transportation that may include, but are not limited to,
8transit infrastructure, pedestrian infrastructure, and ridesharing,
9vanpool, or shuttle programs.

end delete

10(c) The city or county may designate an infill opportunity zone
11by adopting a resolution after determining that the infill opportunity
12zone is consistent with the general plan and any applicable specific
13begin delete plan. A city or county may not designate an infill opportunity zone
14after December 31, 2009.end delete
begin insert plan, and is a transit priority area within
15a sustainable communities strategy or alternative planning strategy
16adopted by the applicable metropolitan planning organization.end insert

begin delete

17(d) The city or county in which the infill opportunity zone is
18located shall ensure that a development project shall be completed
19within the infill opportunity zone not more than four years after
20the date on which the city or county adopted its resolution pursuant
21to subdivision (c). If no development project is completed within
22an infill opportunity zone by the time limit imposed by this
23subdivision, the infill opportunity zone shall automatically
24terminate.

end delete
25begin insert

begin insertSEC. 5.end insert  

end insert

begin insertChapter 2.7 (commencing with Section 21099) is added
26to Division 13 of the end insert
begin insertPublic Resources Codeend insertbegin insert, to read:end insert

begin insert

27 

28Chapter  begin insert2.7.end insert Modernization of Transportation Analysis
29for Transit-Oriented Infill Projects
30

 

31

begin insert21099.end insert  

(a) For purposes of this section, the following terms
32mean the following:

33(1) “Employment center project” means a project located on
34property zoned for commercial uses with a floor area ratio of no
35less than 0.75 and that is located within a transit priority area.

36(2) “Floor area ratio” means the ratio of gross building area
37of the development, excluding structured parking areas, proposed
38for the project divided by the net lot area.

P12   1(3) “Gross building area” means the sum of all finished areas
2of all floors of a building included within the outside faces of its
3exterior walls.

4(4) “Infill site” means a lot located within an urban area that
5has been previously developed, or on a vacant site where at least
675 percent of the perimeter of the site adjoins, or is separated only
7by an improved public right-of-way from, parcels that are
8developed with qualified urban uses.

9(5) “Lot” means all parcels utilized by the project.

10(6) “Net lot area” means the area of a lot, excluding publicly
11dedicated land and private streets that meet local standards, and
12other public use areas as determined by the local land use
13authority.

14(7) “Transit priority area” means an area within one-half mile
15of a major transit stop that is existing or planned, if the planned
16stop is scheduled to be completed within the planning horizon
17included in a Transportation Improvement Program adopted
18pursuant to Section 450.216 or 450.322 of Title 23 of the Code of
19Federal Regulations.

20(b) (1) The Office of Planning and Research shall prepare,
21develop, and transmit to the Secretary of the Natural Resources
22Agency for certification and adoption proposed revisions to the
23guidelines adopted pursuant to Section 21083 establishing criteria
24for determining the significance of transportation impacts of
25projects within transit priority areas. Those criteria shall promote
26the reduction of greenhouse gas emissions, the development of
27multimodal transportation networks, and a diversity of land uses.
28In developing the criteria, the office shall recommend potential
29metrics to measure transportation impacts that may include, but
30are not limited to, vehicle miles traveled, vehicle miles traveled
31per capita, automobile trip generation rates, or automobile trips
32generated. The office may also establish criteria for models used
33to analyze transportation impacts to ensure the models are
34accurate, reliable, and consistent with the intent of this section.

35(2) Upon certification of the guidelines by the Secretary of the
36Natural Resources Agency pursuant to this section, automobile
37delay, as described solely by level of service or similar measures
38of vehicular capacity or traffic congestion shall not be considered
39a significant impact on the environment pursuant to this division,
40except in locations specifically identified in the guidelines, if any.

P13   1(3) This subdivision does not relieve a public agency of the
2requirement to analyze a project’s potentially significant
3transportation impacts related to air quality, noise, safety, or any
4other impact associated with transportation. The methodology
5established by these guidelines shall not create a presumption that
6a project will not result in significant impacts related to air quality,
7noise, safety, or any other impact associated with transportation.
8Notwithstanding the foregoing, the adequacy of parking for a
9project shall not support a finding of significance pursuant to this
10section.

11(4) This subdivision does not preclude the application of local
12general plan policies, zoning codes, conditions of approval,
13thresholds, or any other planning requirements pursuant to the
14police power or any other authority.

15(5) On or before July 1, 2014, the Office of Planning and
16Research shall circulate a draft revision prepared pursuant to
17paragraph (1).

18(c)  (1) The Office of Planning and Research may adopt
19guidelines pursuant to Section 21083 establishing alternative
20metrics to the metrics used for traffic levels of service for
21transportation impacts outside transit priority areas. The
22alternative metrics may include the retention of traffic levels of
23service, where appropriate and as determined by the office.

24(2) This subdivision shall not affect the standard of review that
25would apply to the new guidelines adopted pursuant to this section.

26(d) (1) Aesthetic and parking impacts of a residential, mixed-use
27residential, or employment center project on an infill site within
28a transit priority area shall not be considered significant impacts
29on the environment.

30(2) (A) This subdivision does not affect, change, or modify the
31authority of a lead agency to consider aesthetic impacts pursuant
32to local design review ordinances or other discretionary powers
33provided by other laws or policies.

34(B) For the purposes of this subdivision, aesthetic impacts do
35not include impacts on historical or cultural resources.

36(e) This section does not affect the authority of a public agency
37to establish or adopt thresholds of significance that are more
38protective of the environment.

end insert
39begin insert

begin insertSEC. 6.end insert  

end insert

begin insertSection 21155.4 is added to the end insertbegin insertPublic Resources Codeend insertbegin insert,
40to read:end insert

begin insert
P14   1

begin insert21155.4.end insert  

(a) Except as provided in subdivision (b), a
2residential, employment center, as defined in paragraph (1) of
3subdivision (a) of Section 21099, or mixed-use development project,
4including any subdivision, or any zoning, change that meets all of
5the following criteria is exempt from the requirements of this
6division:

7(1) The project is proposed within a transit priority area, as
8defined in subdivision (a) of Section 21099.

9(2) The project is undertaken to implement and is consistent
10with a specific plan for which an environmental impact report has
11been certified.

12(3) The project is consistent with the general use designation,
13density, building intensity, and applicable policies specified for
14the project area in either a sustainable communities strategy or
15an alternative planning strategy for which the State Air Resources
16Board, pursuant to subparagraph (H) of paragraph (2) of
17subdivision (b) of Section 65080 of the Government Code, has
18accepted a metropolitan planning organization’s determination
19that the sustainable communities strategy or the alternative
20planning strategy would, if implemented, achieve the greenhouse
21gas emissions reduction targets.

22(b) Further environmental review shall be conducted only if
23any of the events specified in Section 21166 have occurred.

end insert
24

begin deleteSEC. 2.end delete
25begin insertSEC. 7.end insert  

Section 21168.6.6 is added to the Public Resources
26Code
, to read:

27

21168.6.6.  

(a) For the purposes of this section, the following
28definitions shall have the following meanings:

29(1) “Applicant” means a private entity or its affiliates that
30proposes the project and its successors, heirs, and assignees.

31(2) “City” means the City of Sacramento.

begin delete

32(3) “Downtown arena” means an arena that is constructed to
33meet the standards required for Leadership in Energy and
34Environmental Design (LEED) silver certification or better by the
35United States Green Building Council, associated public spaces,
36and facility and infrastructure for ingress, egress, and use of the
37arena facility from demolition and site preparation through
38operation proposed as part of the entertainment and sports center
39project that will become the new home to the City of Sacramento’s
40National Basketball Association (NBA) team.

end delete
begin insert

P15   1(3) “Downtown arena” means the following components of the
2entertainment and sports center project from demolition and site
3preparation through operation:

end insert
begin insert

4(A) An arena facility that will become the new home to the City
5of Sacramento’s National Basketball Association (NBA) team that
6does both of the following:

end insert
begin insert

7(i) Receives Leadership in Energy and Environmental Design
8(LEED) gold certification for new construction within one year of
9completion of the first NBA season.

end insert
begin insert

10(ii) Minimizes operational traffic congestion and air quality
11impacts through either or both project design and the
12implementation of feasible mitigation measures that will do all of
13the following:

end insert
begin insert

14(I) Achieve and maintain carbon neutrality or better by reducing
15to at least zero the net emissions of greenhouse gases, as defined
16in subdivision (g) of Section 38505 of the Health and Safety Code,
17from private automobile trips to the downtown arena as compared
18to the baseline as verified by the Sacramento Metropolitan Air
19Quality Management District.

end insert
begin insert

20(II) Achieve a per attendee reduction in greenhouse gas
21emissions from automobiles and light trucks compared to per
22attendee greenhouse gas emissions associated with the existing
23arena during the 2012-13 NBA season that will exceed the carbon
24reduction targets for 2020 and 2035 achieved in the sustainable
25communities strategy prepared by the Sacramento Area Council
26of Governments for the Sacramento region pursuant to Chapter
27728 of the Statutes of 2008.

end insert
begin insert

28(III) Achieve and maintain vehicle-miles-traveled per attendee
29for NBA events at the downtown arena that is no more than 85
30percent of the baseline.

end insert
begin insert

31(B) Associated public spaces.

end insert
begin insert

32(C) Facilities and infrastructure for ingress, egress, and use of
33the arena facility. )

end insert

34(4) “Entertainment and sports center project” or “project” means
35a project that substantially conforms to the project description for
36the entertainment and sports center project set forth in the notice
37of preparation released by the City of Sacramento on April 12,
382013.

39(b) begin insert(1) end insertThe city may prosecute an eminent domainbegin delete action
40associated with the downtown arenaend delete
begin insert action for 545 and 600 K
P16   1Street, Sacramento, California, and surrounding publicly
2accessible areas and rights-of-way within 200 feet of 600 K Street,
3Sacramento, California,end insert
through order of possession pursuant to
4the Eminent Domain Law (Title 7 (commencing with Section
51230.010) of Part 3 of the Code of Civil Procedure) prior to begin delete6certification of the environmental impact report on the projectend delete
7begin insert completing the environmental review under this divisionend insert.

begin insert

8(2) Paragraph (1) shall not apply to any other eminent domain
9actions prosecuted by the City of Sacramento or to eminent domain
10actions based on a finding of blight.

end insert

11(c) Notwithstanding any other law, the procedures established
12pursuant to subdivision (d) shall apply to an action or proceeding
13brought to attack, review, set aside, void, or annul the certification
14of the environmental impact report for the project or the granting
15of any project approvals.

16(d) On or before July 1, 2014, the Judicial Council shall adopt
17a rule of court to establish procedures applicable to actions or
18proceedings brought to attack, review, set aside, void, or annul the
19certification of the environmental impact report for the project or
20the granting of any project approvals that require the actions or
21proceedings, including any potential appeals therefrom, be
22resolved, to the extent feasible, within 270 days of certification of
23the record of proceedings pursuant to subdivision (f).

24(e) (1) The draft and final environmental impact report shall
25include a notice in not less than 12-point type stating the following:


27THIS EIR IS SUBJECT TO SECTION 21168.6.6 OF THE
28PUBLIC RESOURCES CODE, WHICH PROVIDES, AMONG
29OTHER THINGS, THAT THE LEAD AGENCY NEED NOT
30CONSIDER CERTAIN COMMENTS FILED AFTER THE
31CLOSE OF THE PUBLIC COMMENT PERIOD FOR THE
32DRAFT EIR. ANY JUDICIAL ACTION CHALLENGING THE
33CERTIFICATION OF THE EIR OR THE APPROVAL OF THE
34PROJECT DESCRIBED IN THE EIR IS SUBJECT TO THE
35PROCEDURES SET FORTH IN SECTION 21168.6.6 OF THE
36PUBLIC RESOURCES CODE. A COPY OF SECTION 21168.6.6
37OF THE PUBLIC RESOURCES CODE IS INCLUDED IN THE
38APPENDIX TO THIS EIR.


P17   1(2) The draft environmental impact report and final
2environmental impact report shall contain, as an appendix, the full
3text of this section.

4(3) Within 10 days after the release of the draft environmental
5 impact report, the lead agency shall conduct an informational
6workshop to inform the public of the key analyses and conclusions
7of that report.

8(4) Within 10 days before the close of the public comment
9period, the lead agency shall hold a public hearing to receive
10testimony on the draft environmental impact report. A transcript
11of the hearing shall be included as an appendix to the final
12environmental impact report.

13(5) (A) Within five days following the close of the public
14comment period, a commenter on the draft environmental impact
15report may submit to the lead agency a written request for
16nonbinding mediation. The lead agency and applicant shall
17participate in nonbinding mediation with all commenters who
18submitted timely comments on the draft environmental impact
19report and who requested the mediation. Mediation conducted
20pursuant to this paragraph shall end no later than 35 days after the
21close of the public comment period.

22(B) A request for mediation shall identify all areas of dispute
23raised in the comment submitted by the commenter that are to be
24mediated.

25(C) The lead agency shall select one or more mediators who
26shall be retired judges or recognized experts with at least five years
27experience in land use and environmental law or science, or
28mediation. The applicant shall bear the costs of mediation.

29(D) A mediation session shall be conducted on each area of
30dispute with the parties requesting mediation on that area of
31dispute.

32(E) The lead agency shall adopt, as a condition of approval, any
33measures agreed upon by the lead agency, the applicant, and any
34commenter who requested mediation. A commenter who agrees
35to a measure pursuant to this subparagraph shall not raise the issue
36addressed by that measure as a basis for an action or proceeding
37challenging the lead agency’s decision to certify the environmental
38impact report or to grant one or more initial project approvals.

P18   1(6) The lead agency need not consider written comments
2submitted after the close of the public comment period, unless
3those comments address any of the following:

4(A) New issues raised in the response to comments by the lead
5agency.

6(B) New information released by the public agency subsequent
7to the release of the draft environmental impact report, such as
8new information set forth or embodied in a staff report, proposed
9permit, proposed resolution, ordinance, or similar documents.

10(C) Changes made to the project after the close of the public
11comment period.

12(D) Proposed conditions for approval, mitigation measures, or
13proposed findings required by Section 21081 or a proposed
14reporting and monitoring program required by paragraph (1) of
15subdivision (a) of Section 21081.6, where the lead agency releases
16those documents subsequent to the release of the draft
17environmental impact report.

18(E) New information that was not reasonably known and could
19not have been reasonably known during the public comment period.

20(7) The lead agency shall file the notice required by subdivision
21(a) of Section 21152 within five days after the last initial project
22approval.

23(f) (1) The lead agency shall prepare and certify the record of
24the proceedings in accordance with this subdivision and in
25accordance with Rule 3.1365 of the California Rules of Court. The
26applicant shall pay the lead agency for all costs of preparing and
27certifying the record of proceedings.

28(2) No later than three business days following the date of the
29release of the draft environmental impact report, the lead agency
30shall make available to the public in a readily accessible electronic
31format the draft environmental impact report and all other
32documents submitted to or relied on by the lead agency in the
33preparation of the draft environmental impact report. A document
34prepared by the lead agency or submitted by the applicant after
35the date of the release of the draft environmental impact report
36that is a part of the record of the proceedings shall be made
37available to the public in a readily accessible electronic format
38within five business days after the document is prepared or received
39by the lead agency.

P19   1(3) Notwithstanding paragraph (2), documents submitted to or
2relied on by the lead agency that were not prepared specifically
3for the project and are copyright protected are not required to be
4made readily accessible in an electronic format. For those copyright
5 protected documents, the lead agency shall make an index of these
6documents available in an electronic format no later than the date
7of the release of the draft environmental impact report, or within
8five business days if the document is received or relied on by the
9lead agency after the release of the draft environmental impact
10report. The index must specify the libraries or lead agency offices
11in which hardcopies of the copyrighted materials are available for
12public review.

13(4) The lead agency shall encourage written comments on the
14project to be submitted in a readily accessible electronic format,
15and shall make any such comment available to the public in a
16readily accessible electronic format within five days of its receipt.

17(5) Within seven business days after the receipt of any comment
18that is not in an electronic format, the lead agency shall convert
19that comment into a readily accessible electronic format and make
20it available to the public in that format.

21(6) The lead agency shall indicate in the record of the
22proceedings comments received that were not considered by the
23lead agency pursuant to paragraph (6) of subdivision (e) and need
24not include the content of the comments as a part of the record.

25(7) Within five days after the filing of the notice required by
26subdivision (a) of Section 21152, the lead agency shall certify the
27record of the proceedings for the approval or determination and
28 shall provide an electronic copy of the record to a party that has
29submitted a written request for a copy. The lead agency may charge
30and collect a reasonable fee from a party requesting a copy of the
31record for the electronic copy, which shall not exceed the
32reasonable cost of reproducing that copy.

33(8) Within 10 days after being served with a complaint or a
34petition for a writ of mandate, the lead agency shall lodge a copy
35of the certified record of proceedings with the superior court.

36(9) Any dispute over the content of the record of the proceedings
37shall be resolved by the superior court. Unless the superior court
38directs otherwise, a party disputing the content of the record shall
39file a motion to augment the record at the time it files its initial
40brief.

P20   1(10) The contents of the record of proceedings shall be as set
2forth in subdivision (e) of Section 21167.6.

begin delete

3(g) As a condition of approval of the project subject to this
4section, the lead agency shall require the applicant, with respect
5to any measures specific to the operation of the project, to
6implement those measures that will meet the requirements of this
7division by the end of the first NBA season during which an NBA
8team has played at the downtown arena. To maximize public health,
9environmental, and employment benefits, the lead agency shall
10place the highest priority on feasible measures that will reduce
11greenhouse gas emissions on the downtown arena site and in the
12neighboring communities of the downtown arena. Offset credits
13shall be employed by the applicant only after feasible local
14emission reduction measures have been implemented. The applicant
15shall, to the extent feasible, place the highest priority on the
16purchase of offset credits that produce emission reductions within
17the city or the boundaries of the Sacramento Metropolitan Air
18Quality Management District.

end delete
begin insert

19(g) (1)   As a condition of approval of the project subject to this
20section, the lead agency shall require the applicant, with respect
21to any measures specific to the operation of the downtown arena,
22to implement those measures that will meet the requirements of
23this division by the end of the first NBA regular season or June of
24the first NBA regular season, whichever is later, during which an
25NBA team has played at the downtown arena.

end insert
begin insert

26(2) To maximize public health, environmental, and employment
27benefits, the lead agency shall place the highest priority on feasible
28measures that will reduce greenhouse gas emissions on the
29downtown arena site and in the neighboring communities of the
30downtown arena. Mitigation measures that shall be considered
31and implemented, if feasible and necessary, to achieve the
32standards set forth in subclauses (I) to (III), inclusive, of clause
33(ii) of subparagraph (A) of paragraph (3) of subdivision (a),
34including, but not limited to:

end insert
begin insert

35(A) Temporarily expanding the capacity of a public transit line,
36as needed, to serve downtown arena events.

end insert
begin insert

37(B) Providing private charter buses or other similar services,
38as needed, to serve downtown arena events.

end insert
begin insert

P21   1(C) Paying its fair share of the cost of measures that expand
2the capacity of a public fixed or light rail station that is used by
3spectators attending downtown arena events.

end insert
begin insert

4(3) Offset credits shall be employed by the applicant only after
5feasible local emission reduction measures have been implemented.
6The applicant shall, to the extent feasible, place the highest priority
7on the purchase of offset credits that produce emission reductions
8within the city or the boundaries of the Sacramento Metropolitan
9Air Quality Management District.

end insert

10(h) (1) (A) In granting relief in an action or proceeding brought
11pursuant to this section, the court shall not stay or enjoin the
12construction or operation of the downtown arena unless the court
13finds either of the following:

14(i) The continued construction or operation of the downtown
15arena presents an imminent threat to the public health and safety.

16(ii) The downtown arena site contains unforeseen important
17Native American artifacts or unforeseen important historical,
18archaeological, or ecological values that would be materially,
19permanently, and adversely affected by the continued construction
20or operation of the downtown arena unless the court stays or
21enjoins the construction or operation of the downtown arena.

22(B) If the court finds that clause (i) or (ii) is satisfied, the court
23shall only enjoin those specific activities associated with the
24downtown arena that present an imminent threat to public health
25and safety or that materially, permanently, and adversely affect
26unforeseen important Native American artifacts or unforeseen
27important historical, archaeological, or ecological values.

begin delete

28(2) In granting relief associated with the downtown arena in an
29 action or proceeding brought pursuant to this section, the court
30shall enter an order mandating that the public agency conduct
31further environmental review, including consideration of additional
32feasible mitigation measures where available and necessary to
33bring the determination, finding, or decision into compliance with
34this division.

35(3) Paragraphs (1) and (2) set forth the sole remedies available
36in an action or proceeding brought pursuant to this section
37challenging the downtown arena and no provision of law that is
38inconsistent or conflicts with this subdivision shall apply to an
39action or proceeding subject to this section.

end delete
begin insert

P22   1(2)    An action or proceeding to attack, set aside, void, or annul
2a determination, finding, or decision of the lead agency granting
3a subsequent project approval shall be subject to the requirements
4of Chapter 6 (commencing with Section 21165).

end insert
begin delete

5(4)

end delete

6begin insert(end insertbegin insert3)end insert Where an action or proceeding brought pursuant to this
7section challenges aspects of the project other than the downtown
8arena and those portions or specific project activities are severable
9from the downtown arena, the court may enter an order as to
10aspects of the project other than the downtown arena that includes
11one or more of the remedies set forth in Section 21168.9.

12(i) The provisions of this section are severable. If any provision
13of this section or its application is held invalid, that invalidity shall
14not affect other provisions or applications that can be given effect
15without the invalid provision or application.

16(j) (1) This section does not apply to the project and shall
17become inoperative on the date of the release of the draft
18environmental impact report and is repealed on January 1 of the
19following year, if the applicant fails to notify the lead agency prior
20to the release of the draft environmental impact report for public
21comment that the applicant is electing to proceed pursuant to this
22section.

23(2) The lead agency shall notify the Secretary of State if the
24applicant fails to notify the lead agency of its election to proceed
25pursuant to this section.

26

begin deleteSEC. 3.end delete
27begin insertSEC. 8.end insert  

Section 21181 of the Public Resources Code is
28amended to read:

29

21181.  

This chapter does not apply to a project if the Governor
30does not certify a project as an environmental leadership
31development project eligible for streamlining provided pursuant
32to this chapter prior to January 1, 2016.

33begin insert

begin insertSEC. 9.end insert  

end insert

begin insertSection 21183 of the end insertbegin insertPublic Resources Codeend insertbegin insert is
34amended to read:end insert

35

21183.  

The Governor may certify a leadership project for
36streamlining pursuant to this chapter if all the following conditions
37are met:

38(a) The project will result in a minimum investment of one
39hundred million dollars ($100,000,000) in California upon
40completion of construction.

P23   1(b) The project creates high-wage, highly skilled jobs that pay
2prevailing wages and living wages and provide construction jobs
3and permanent jobs for Californians, and helps reduce
4unemployment.begin insert For purposes of this subdivision, “jobs that pay
5prevailing wages” means that all construction workers employed
6in the execution of the project will receive at least the general
7prevailing rate of per diem wages for the type of work and
8geographic area, as determined by the Director of Industrial
9Relations pursuant to Sections 1773 and 1773.9 of the Labor Code.
10If the project is certified for streamlining, the project applicant
11shall include this requirement in all contracts for the performance
12of the work.end insert

13(c) The project does not result in any net additional emission
14of greenhouse gases, including greenhouse gas emissions from
15employee transportation, as determined by the State Air Resources
16Board pursuant to Division 25.5 (commencing with Section 38500)
17of the Health and Safety Code.

18(d) The project applicant has entered into a binding and
19enforceable agreement that all mitigation measures required
20pursuant to this division to certify the project under this chapter
21shall be conditions of approval of the project, and those conditions
22will be fully enforceable by the lead agency or another agency
23designated by the lead agency. In the case of environmental
24mitigation measures, the applicant agrees, as an ongoing obligation,
25that those measures will be monitored and enforced by the lead
26agency for the life of the obligation.

27(e) The project applicant agrees to pay the costs of the Court of
28Appeal in hearing and deciding any case, including payment of
29the costs for the appointment of a special master if deemed
30appropriate by the court, in a form and manner specified by the
31Judicial Council, as provided in the Rules of Court adopted by the
32Judicial Council pursuant to subdivision (f) of Section 21185.

33(f) The project applicant agrees to pay the costs of preparing
34the administrative record for the project concurrent with review
35and consideration of the project pursuant to this division, in a form
36 and manner specified by the lead agency for the project.

37

begin deleteSEC. 4.end delete
38begin insertSEC. 10.end insert  

Section 21185 of the Public Resources Code is
39repealed.

P24   1

begin deleteSEC. 5.end delete
2begin insertSEC. 11.end insert  

Section 21185 is added to the Public Resources Code,
3to read:

4

21185.  

On or before July 1, 2014, the Judicial Council shall
5adopt a rule of court to establish procedures applicable to actions
6or proceedings brought to attack, review, set aside, void, or annul
7the certification of the environmental impact report for an
8environmental leadership development project certified by the
9Governor pursuant to this chapter or the granting of any project
10approvals that require the actions or proceedings, including any
11potential appeals therefrom, be resolved, begin deleteto the extent feasible, end delete
12within 270 days of certification of the record of proceedings
13pursuant to Section 21186.

14

begin deleteSEC. 6.end delete
15begin insertSEC. 12.end insert  

Section 21186 of the Public Resources Code is
16amended to read:

17

21186.  

Notwithstanding any other law, the preparation and
18certification of the administrative record for a leadership project
19certified by the Governor shall be performed in the following
20manner:

21(a) The lead agency for the project shall prepare the
22administrative record pursuant to this division concurrently with
23the administrative process.

24(b) All documents and other materials placed in the
25administrative record shall be posted on, and be downloadable
26from, an Internet Web site maintained by the lead agency
27commencing with the date of the release of the draft environmental
28impact report.

29(c) The lead agency shall make available to the public in a
30readily accessible electronic format the draft environmental impact
31report and all other documents submitted to, or relied on by, the
32lead agency in the preparation of the draft environmental impact
33report.

34(d) A document prepared by the lead agency or submitted by
35the applicant after the date of the release of the draft environmental
36impact report that is a part of the record of the proceedings shall
37be made available to the public in a readily accessible electronic
38format within five business days after the document is released or
39received by the lead agency.

P25   1(e) The lead agency shall encourage written comments on the
2project to be submitted in a readily accessible electronic format,
3and shall make any comment available to the public in a readily
4accessible electronic format within five days of its receipt.

5(f) Within seven business days after the receipt of any comment
6that is not in an electronic format, the lead agency shall convert
7that comment into a readily accessible electronic format and make
8it available to the public in that format.

9(g) Notwithstanding paragraphs (b) to (f), inclusive, documents
10submitted to or relied on by the lead agency that were not prepared
11specifically for the project and are copyright protected are not
12required to be made readily accessible in an electronic format. For
13those copyright-protected documents, the lead agency shall make
14an index of these documents available in an electronic format no
15later than the date of the release of the draft environmental impact
16report, or within five business days if the document is received or
17relied on by the lead agency after the release of the draft
18environmental impact report. The index must specify the libraries
19or lead agency offices in which hardcopies of the copyrighted
20materials are available for public review.

21(h) The lead agency shall certify the final administrative record
22within five days of its approval of the project.

23(i) Any dispute arising from the administrative record shall be
24resolved by the superior court. Unless the superior court directs
25otherwise, a party disputing the content of the record shall file a
26motion to augment the record at the time it files its initial brief.

27(j) The contents of the record of proceedings shall be as set forth
28in subdivision (e) of Section 21167.6.

29

begin deleteSEC. 7.end delete
30begin insertSEC. 13.end insert  

Section 21187 of the Public Resources Code is
31amended to read:

32

21187.  

Within 10 days of the Governor certifying an
33environmental leadership development project pursuant to this
34section, the lead agency shall, at the applicant’s expense, issue a
35public notice in no less than 12-point type stating the following:


37“THE APPLICANT HAS ELECTED TO PROCEED UNDER
38CHAPTER 6.5 (COMMENCING WITH SECTION 21178) OF
39THE PUBLIC RESOURCES CODE, WHICH PROVIDES,
40AMONG OTHER THINGS, THAT ANY JUDICIAL ACTION
P26   1CHALLENGING THE CERTIFICATION OF THE EIR OR THE
2APPROVAL OF THE PROJECT DESCRIBED IN THE EIR IS
3SUBJECT TO THE PROCEDURES SET FORTH IN SECTIONS
421185 TO 21186, INCLUSIVE, OF THE PUBLIC RESOURCES
5 CODE. A COPY OF CHAPTER 6.5 (COMMENCING WITH
6SECTION 21178) OF THE PUBLIC RESOURCES CODE IS
7INCLUDED BELOW.”


9The public notice shall be distributed by the lead agency as
10required for public notices issued pursuant to paragraph (3) of
11subdivision (b) of Section 21092.

12

begin deleteSEC. 8.end delete
13begin insertSEC. 14.end insert  

Section 21189.1 of the Public Resources Code is
14amended to read:

15

21189.1.  

If, prior to January 1, 2016, a lead agency fails to
16approve a project certified by the Governor pursuant to this chapter,
17then the certification expires and is no longer valid.

18

begin deleteSEC. 9.end delete
19begin insertSEC. 15.end insert  

Section 21189.3 of the Public Resources Code is
20amended to read:

21

21189.3.  

This chapter shall remain in effect until January 1,
222017, and as of that date is repealed unless a later enacted statute
23extends or repeals that date.

24

begin deleteSEC. 10.end delete
25begin insertSEC. 16.end insert  

With respect to certain provisions of this measure,
26the Legislature finds and declares that a special law is necessary
27and that a general law cannot be made applicable within the
28meaning of Section 16 of Article IV of the California Constitution
29because of the unique need for the development of an entertainment
30and sports center project in the City of Sacramento in an
31expeditious manner.

32

begin deleteSEC. 11.end delete
33begin insertSEC. 17.end insert  

No reimbursement is required by this act pursuant to
34Section 6 of Article XIII B of the California Constitution because
35a local agency or school district has the authority to levy service
36charges, fees, or assessments sufficient to pay for the program or
37level of service mandated by this act, within the meaning of Section
3817556 of the Government Code.



O

    97