Amended in Senate April 7, 2016

Senate BillNo. 1018


Introduced by Senator Liu

February 11, 2016


An actbegin delete to add Section 54237.9 to the Government Code,end delete relating tobegin delete environmental quality,end deletebegin insert transportation,end insert and declaring the urgency thereof, to take effect immediately.

LEGISLATIVE COUNSEL’S DIGEST

SB 1018, as amended, Liu. begin deleteCalifornia Environmental Quality Act: State Route 710 North Study. end deletebegin insertInterstate 710 North Gap Closure project: cost-benefit analysis.end insert

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(1) Existing law creates the Los Angeles County Metropolitan Transportation Authority with specified powers and duties relative to transportation planning, programming, and operations in Los Angeles County.

end insert
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This bill would require the Board of Directors of the Los Angeles County Metropolitan Transportation Authority, before making a final decision on the Interstate 710 North Gap Closure project, to take specified actions on a specified cost-benefit analysis for the project.

end insert
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(2) This bill would make legislative findings and declarations as to the necessity of a special statute for the Interstate 710 North Gap Closure project.

end insert
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(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
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This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

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

end insert
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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 (EIR) 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 public review period for a draft EIR of a project and requires the lead agency to consider the comments submitted during the review period and to respond to the comments.

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This bill would deem a certain cost-benefit analysis prepared for the State Route 710 North Study to be a technical study to be included in the comprehensive analysis of the alternatives described in the draft EIR for the State Route 710 North Study and would require the lead agency to consider and respond, in writing, to any comments regarding the analysis submitted during the public review period.

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begin delete

This bill would make legislative findings and declarations as to the necessity of a special statute for State Route 710 North Study.

end delete
begin delete

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

end delete

Vote: 23. 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:

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P2    1

SECTION 1.  

Section 54237.9 is added to the Government
2Code
, to read:

3

54237.9.  

Notwithstanding any other law, for purposes of the
4California Environmental Quality Act (Division 13 (commencing
5with Section 21000) of the Public Resources Code), the cost-benefit
6analysis prepared for the State Route 710 North Study in response
7to a motion approved by the Board of Directors of the Los Angeles
8County Metropolitan Transportation Authority at the June 2010
P3    1meeting is deemed to be a technical study to be included in the
2comprehensive analysis of the alternatives described in the draft
3environmental impart report/environmental impact statement for
4the project, issued in March, 2015. The lead agency, pursuant to
5Section 21091 of the Public Resources Code, shall consider and
6respond, in writing, to comments regarding the cost-benefits
7analysis submitted during the public comment period for the draft
8environmental impact report/environmental impact statement. The
9comments on the analysis and the lead agency’s responses are
10deemed to be a part of the record of proceedings for purposes of
11the California Environmental Quality Act.

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12begin insert

begin insertSECTION 1.end insert  

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Before making a final decision on the Interstate
13710 North Gap Closure project, the Board of Directors of the Los
14Angeles County Metropolitan Transportation Authority shall do
15all of the following:

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16
(a) Hold three public hearings consistent with the requirements
17of the Ralph M. Brown Act (Chapter 9 (commencing with Section
1854950) of Part 1 of Division 2 of Title 5 of the Government Code)
19on the cost-benefit analysis prepared for the project in response
20to a motion approved by the board of directors at the June 2010
21meeting.

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22
(b) Provide a 90-day, noticed public comment period on the
23cost-benefit analysis.

end insert
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24
(c) Respond to any comments received pursuant to subdivision
25(a) or (b) in a standalone document.

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26
(d) Post on its Internet Web site the standalone document
27prepared pursuant to subdivision (c).

end insert
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28
(e) Consider the standalone document at a noticed public
29hearing consistent with the requirements of the Ralph M. Brown
30Act (Chapter 9 (commencing with Section 54950) of Part 1 of
31Division 2 of Title 5 of the Government Code).

end insert
32

SEC. 2.  

The Legislature finds and declares that a special law
33is necessary and that a general law cannot be made applicable
34within the meaning of Section 16 of Article IV of the California
35Constitution because of the unique circumstances regarding the
36
begin delete State Route 710 North Study.end deletebegin insert Interstate 710 North Gap Closure
37project.end insert

38begin insert

begin insertSEC. 3.end insert  

end insert
begin insert

If the Commission on State Mandates determines that
39this act contains costs mandated by the state, reimbursement to
40local agencies and school districts for those costs shall be made
P4    1pursuant to Part 7 (commencing with Section 17500) of Division
24 of Title 2 of the Government Code.

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3

begin deleteSEC. 3.end delete
4
begin insertSEC. 4.end insert  

This act is an urgency statute necessary for the
5immediate preservation of the public peace, health, or safety within
6the meaning of Article IV of the Constitution and shall go into
7immediate effect. The facts constituting the necessity are:

8To ensure that comments on the cost-benefit analysis prepared
9for thebegin delete State Route 710 North Studyend deletebegin insert Interstate 710 North Gap
10Closure projectend insert
in response to a motion approved by the Board of
11Directors of the Los Angeles County Metropolitan Transportation
12Authority at the June 2010 meeting are adequately considered and
13respondedbegin delete to during the environmental review process required
14pursuant to the California Environmental Quality Act,end delete
begin insert to,end insert it is
15necessary for this measure to take effect immediately.



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