AB 2452,
as amended, Quirk. begin deleteCalifornia Environmental Quality Act: judicial remedies: emissions of greenhouse gases. end deletebegin insertCalifornia Council on Science and Technology: contracting.end insert
Existing law generally requires contracts by the state for the acquisition of goods and services be awarded pursuant to various procedures and requirements. Existing law exempts specified projects and types of contracts from those procedures and requirements. The California Council on Science and Technology is a nonpartisan, impartial, not-for-profit corporation, created in 1988 by legislative resolution.
end insertbegin insertThis bill would authorize state entities, as defined, to enter into contracts with the council for the council’s assistance in translating scientific studies to inform public policy. The bill would require that a contract between the entity and the council be entered into on a noncompetitive bid basis and would exempt the contract from state contracting procedures and requirements.
end insertThe California Environmental Quality Act (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 authorizes a court, in an action or proceeding brought challenging the decision of a public agency on the ground of noncompliance with CEQA, to enter an order to suspend any specific project activity if the court finds that the activity will prejudice the consideration and implementation of particular mitigation measures or alternatives to the project.
end deleteThis bill would, in an action or proceeding under CEQA, prohibit a court from staying or enjoining transportation infrastructure projects, as defined, based solely on the project’s potential contribution to the emissions of greenhouse gases.
end deleteVote: majority.
Appropriation: no.
Fiscal committee: begin deleteno end deletebegin insertyesend insert.
State-mandated local program: no.
The people of the State of California do enact as follows:
begin insertChapter 5.3 (commencing with Section 8340) is
2added to Division 1 of Title 2 of the end insertbegin insertGovernment Codeend insertbegin insert, to read:end insert
3
(a) A state entity may enter into a contract with the
8California Council on Science and Technology for the council’s
9assistance in translating scientific studies to inform public policy.
10A contract under this section shall be entered into on a
11noncompetitive bid basis and shall be exempt from Chapter 2
12(commencing with Section 10290) of Part 2 of Division 2 of the
13Public Contract Code.
14
(b) “State entity” means the Governor, the Legislature, or any
15state agency or department.
Section 21168.15 is added to the Public Resources
17Code, to read:
(a) For purposes of this section, “transportation
2infrastructure project” means a project consisting of a new
3construction of transportation infrastructure, or the relocation,
4replacement, or removal of existing transportation infrastructure,
5that is included in a sustainable communities strategy or an
6alternative planning strategy approved by a metropolitan planning
7organization pursuant to Section 65080 of the Government Code
8for which a program environmental impact report has been
9certified.
10(b) In an action or proceeding brought pursuant to this division,
11a court shall not stay or enjoin the construction or operation of a
12transportation infrastructure project
based solely on the project’s
13potential contribution to the emissions of greenhouse gases.
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