Amended in Assembly May 19, 2016

Amended in Senate June 2, 2015

Senate BillNo. 734


Introduced by Senatorbegin delete De Leónend deletebegin insert Galgianiend insert

February 27, 2015


An act to amendbegin delete Section 12805.2 of the Government Code, relating to public lands.end deletebegin insert Sections 21181, 21183, 21189.1, and 21189.3 of the Public Resources Code, relating to environmental quality, and declaring the urgency thereof, to take effect immediately.end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 734, as amended, begin deleteDe Leónend delete begin insertGalgianiend insert. begin deleteState lands acquisitions: public transparency. end deletebegin insertEnvironmental quality: Jobs and Economic Improvement Through Environmental Leadership Act of 2011.end insert

begin insert

(1) The 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.

end insert
begin insert

The Jobs and Economic Improvement Through Environmental Leadership Act of 2011 authorizes the Governor, until January 1, 2016, to certify projects meeting certain requirements, including the requirement that the project creates high-wage, highly skilled jobs that pay prevailing wages and living wages, for streamlining benefits provided by that act. The act provides that if a lead agency fails to approve a project certified by the Governor before January 1, 2017, then the certification expires and is no longer valid. The act requires a lead agency to prepare the record of proceedings for the certified project concurrent with the preparation of the environmental documents. The act is repealed by its own terms on January 1, 2017.

end insert
begin insert

This bill would extend the authority of the Governor to certify a project to January 1, 2018. The bill would provide that the certification expires and is no longer valid if the lead agency fails to approve a certified project before January 1, 2019. If a project is certified by the Governor, the bill would require contractors and subcontractors to pay to all construction workers employed in the execution of the project at least the general prevailing rate of per diem wages and would provide for the enforcement of this requirement. The bill would repeal the act on January 1, 2019. Because the bill would extend the obligation of the lead agency to prepare concurrently the record of proceedings, this bill would impose a state-mandated local program.

end insert
begin insert

(2) 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 insert

(3) This bill would declare that it is to take effect immediately as an urgency statute.

end insert
begin delete

Existing law requires the Natural Resources Agency, in fiscal years for which funding is provided, to develop and maintain a database of lands and easements that have been acquired by the departments and boards within the agency. Existing law, in conjunction with the database, requires the agency to do certain things, including to establish a uniform open process to ensure that information is readily available to the general public, local, state, and federal agencies, adjacent landowners, and other interested parties regarding any state hearings to approve proposed state land acquisitions.

end delete
begin delete

This bill would require the agency to implement the above uniform open process to include, but not be limited to, at least 30 days for public comment, to provide public transparency.

end delete

Vote: begin deletemajority end deletebegin insert23end insert. 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:

P3    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 21181 of the end insertbegin insertPublic Resources Codeend insertbegin insert is
2amended to read:end insert

3

21181.  

This chapter does not apply to a project if the Governor
4does not certifybegin delete aend deletebegin insert theend insert project as an environmental leadership
5development project eligible for streamliningbegin delete providedend delete pursuant
6to this chapter prior to January 1,begin delete 2016.end deletebegin insert 2018.end insert

7begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 21183 of the end insertbegin insertPublic Resources Codeend insertbegin insert is
8amended to read:end insert

9

21183.  

The Governor may certify a leadership project for
10streamlining pursuant to this chapter if all the following conditions
11are met:

12(a) The project will result in a minimum investment of one
13hundred million dollars ($100,000,000) in California upon
14completion of construction.

15(b) begin insert(1)end insertbegin insertend insert The project creates high-wage, highly skilled jobs that
16pay prevailing wages and living wages and provide construction
17jobs and permanent jobs for Californians, and helps reduce
18unemployment. For purposes of this subdivision, “jobs that pay
19prevailing wages” means that all construction workers employed
20in the execution of the project will receive at least the general
21prevailing rate of per diem wages for the type of work and
22geographic area, as determined by the Director of Industrial
23Relations pursuant to Sections 1773 and 1773.9 of the Labor Code.
24If the project is certified for streamlining, the project applicant
25shall include this requirement in all contracts for the performance
26of the work.

begin insert

27
(2) (A) If the project is certified pursuant to this chapter,
28contractors and subcontractors shall pay to all construction
29workers employed in the execution of the project at least the
30general prevailing rate of per diem wages.

end insert
begin insert

31
(B) Except as provided in subparagraph (C), the obligation of
32the contractors and subcontractors to pay prevailing wages
33pursuant to subparagraph (A) may be enforced by the Labor
34Commissioner through the issuance of a civil wage and penalty
35assessment pursuant to Section 1741 of the Labor Code, which
36may be reviewed pursuant to Section 1742 of the Labor Code,
37within 18 months after the completion of the project, or by an
38underpaid worker through an administrative complaint or civil
P4    1action. If a civil wage and penalty assessment is issued, the
2contractor, subcontractor, and surety on a bond or bonds issued
3to secure the payment of wages covered by the assessment shall
4be liable for liquidated damages pursuant to Section 1742.1 of the
5Labor Code.

end insert
begin insert

6
(C) Subparagraph (B) does not apply if all contractors and
7subcontractors performing work on the project are subject to a
8project labor agreement that requires the payment of prevailing
9wages to all construction workers employed in the execution of
10the project and provides for enforcement of that obligation through
11an arbitration procedure. For purposes of this subparagraph,
12“project labor agreement” has the same meaning as set forth in
13paragraph (1) of subdivision (b) of Section 2500 of the Public
14Contract Code.

end insert

15(c) The project does not result in any net additional emission
16of greenhouse gases, including greenhouse gas emissions from
17employee transportation, as determined by the State Air Resources
18Board pursuant to Division 25.5 (commencing with Section 38500)
19of the Health and Safety Code.

20(d) The project applicant has entered into a binding and
21enforceable agreement that all mitigation measures required
22pursuant to this division to certify the project under this chapter
23shall be conditions of approval of the project, and those conditions
24will be fully enforceable by the lead agency or another agency
25designated by the lead agency. In the case of environmental
26mitigation measures, the applicant agrees, as an ongoing obligation,
27that those measures will be monitored and enforced by the lead
28agency for the life of the obligation.

29(e) The project applicant agrees to pay the costs of the Court of
30Appeal in hearing and deciding any case, including payment of
31the costs for the appointment of a special master if deemed
32appropriate by the court, in a form and manner specified by the
33Judicial Council, as provided in the Rules of Court adopted by the
34Judicial Council pursuant tobegin delete subdivision (f) ofend delete Section 21185.

35(f) The project applicant agrees to pay the costs of preparing
36the administrative record for the project concurrent with review
37and consideration of the project pursuant to this division, in a form
38and manner specified by the lead agency for the project.

39begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 21189.1 of the end insertbegin insertPublic Resources Codeend insertbegin insert is
40amended to read:end insert

P5    1

21189.1.  

If, prior to January 1,begin delete 2017,end deletebegin insert 2019,end insert a lead agency fails
2to approve a project certified by the Governor pursuant to this
3chapter, then the certification expires and is no longer valid.

4begin insert

begin insertSEC. 4.end insert  

end insert

begin insertSection 21189.3 of the end insertbegin insertPublic Resources Codeend insertbegin insert is
5amended to read:end insert

6

21189.3.  

This chapter shall remain in effect until January 1,
7begin delete 2017,end deletebegin insert 2019,end insert and as of that date is repealed unless a later enacted
8statute extends or repeals that date.

9begin insert

begin insertSEC. 5.end insert  

end insert
begin insert

No reimbursement is required by this act pursuant to
10Section 6 of Article XIII B of the California Constitution because
11a local agency or school district has the authority to levy service
12charges, fees, or assessments sufficient to pay for the program or
13level of service mandated by this act, within the meaning of Section
1417556 of the Government Code.

end insert
15begin insert

begin insertSEC. 6.end insert  

end insert
begin insert

This act is an urgency statute necessary for the
16immediate preservation of the public peace, health, or safety within
17the meaning of Article IV of the Constitution and shall go into
18immediate effect. The facts constituting the necessity are:

end insert
begin insert

19
In order to reauthorize the Governor to certify projects as
20environmental leadership development projects in 2016 and
21prevent a one-year gap in this authorization, it is necessary that
22this act take effect immediately.

end insert
begin delete
23

SECTION 1.  

Section 12805.2 of the Government Code is
24amended to read:

25

12805.2.  

(a) The Natural Resources Agency, in consultation
26with each department, board, conservancy, and commission within
27the agency, shall develop and maintain a database of lands and
28easements that have been acquired by the departments, boards,
29commissions, and conservancies within the Natural Resources
30Agency. The database shall include, but need not be limited to, all
31of the following:

32(1) The name of the owner of the land or easement.

33(2) The location of the land or easement.

34(3) The statutory authority for the acquisition of the land or
35 easement.

36(b) In conjunction with the database described in subdivision
37(a), the Natural Resources Agency shall do all of the following:

38(1) On or before September 1, 2002, and each year thereafter,
39request that all departments, boards, commissions, and
40conservancies within the Natural Resources Agency provide the
P6    1 Secretary of the Natural Resources Agency with information on
2any acquisitions of land or funding that was directed to the
3acquisition of land, undertaken by the department, board,
4commission, or conservancy.

5(2) To the extent that the information is available, on or before
6January 10, 2003, and each year thereafter, require that all
7departments, boards, commissions, and conservancies within the
8Natural Resources Agency provide the Secretary of the Natural
9Resources Agency with general information, including a general
10geographic description of land acquisition priorities and potential
11funding sources during the next fiscal year.

12(3) To the extent feasible, review and evaluate any available
13information from federal agencies pertaining to its land acquisition
14activities to coordinate and better understand the impact on
15California state proposals.

16(4) Provide a report to the Governor and the Legislature on or
17before December 31, 2003, and each year thereafter, that does both
18of the following:

19(A) Describes the amount of land acquired by each department,
20board, commission, and conservancy within the Natural Resources
21Agency during the past year and the amount of money spent for
22the acquisition.

23(B) Projects the approximate amount of land that will be
24acquired by the Natural Resources Agency during the following
25year.

26(5) Provide the report described in paragraph (4) to the Secretary
27of Food and Agriculture and the Director of Conservation.

28(6) Establish and implement a uniform open process, that shall
29include, but is not limited to, at least 30 days for public comment,
30to provide public transparency and ensure that information is
31readily available to the general public, local, state, and federal
32agencies, adjacent landowners, and other interested parties of
33record regarding any state hearings to approve proposed state land
34acquisitions.

35(7) Develop strategies with local, state, and federal agencies so
36that a revenue stream is established to ensure management plans
37are adequately funded for all new acquisitions.

P7    1(c) This section shall be implemented only during those fiscal
2years for which funding is provided for the purposes of this section
3in the annual Budget Act or in another measure.

end delete


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