BILL NUMBER: SB 1180 CHAPTERED
BILL TEXT
CHAPTER 861
FILED WITH SECRETARY OF STATE OCTOBER 13, 1995
APPROVED BY GOVERNOR OCTOBER 12, 1995
PASSED THE SENATE SEPTEMBER 15, 1995
PASSED THE ASSEMBLY SEPTEMBER 15, 1995
AMENDED IN ASSEMBLY SEPTEMBER 8, 1995
AMENDED IN ASSEMBLY AUGUST 31, 1995
AMENDED IN ASSEMBLY JULY 5, 1995
AMENDED IN ASSEMBLY JUNE 21, 1995
AMENDED IN SENATE MAY 15, 1995
AMENDED IN SENATE APRIL 25, 1995
INTRODUCED BY Senators Calderon and Haynes
FEBRUARY 24, 1995
An act to amend Sections 21083.8 and 21151.1 of, and to add
Section 21083.8.1 to, the Public Resources Code, relating to
environmental quality.
LEGISLATIVE COUNSEL'S DIGEST
SB 1180, Calderon. Environmental quality.
(1) Under existing law, the California Environmental Quality Act,
a lead agency, as defined, is required to prepare, or cause to be
prepared, and certify the completion of, an environmental impact
report on any project which it proposes to carry out or approve that
may have a significant effect on the environment, as defined, or to
adopt a negative declaration if it finds that the project will not
have that effect, unless the project is exempt from the act.
The act until January 1, 2001, authorizes the lead agency to
utilize an environmental impact statement prepared pursuant to
federal law as the environmental impact report for a federal military
base reuse plan, as defined, if specified conditions are met.
The act also generally prescribes the circumstances when an
environmental impact statement prepared pursuant to federal law may
be used in lieu of an environmental impact report.
This bill would revise those provisions, as specified. The bill
would provide that, when preparing and certifying an environmental
impact report for a military base or reservation reuse plan, as
defined, including when utilizing a federal environmental impact
statement, the determination of whether the reuse plan may have a
significant effect on the environment may, at the discretion of the
lead agency, be made in the context of the physical conditions which
were present at the time that the federal base or reservation closure
or realignment decision became final. The bill would, in that
event, require the lead agency to hold a public hearing, as
prescribed, and to comply with other specified requirements. The
bill would specify related matters.
The bill would require an environmental impact report for any
project involving a base reuse plan, as defined. The bill would make
a legislative finding with regard to whether that requirement would
require reimbursement as a state-mandated local program.
By revising the duties on local agencies with regard to
determining whether an environmental impact statement may be used in
lieu of an environmental impact report, and by requiring the
preparation of an environmental impact report for a base reuse plan,
the bill would impose a state-mandated local program.
(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.
This bill would provide that no reimbursement is required by this
act for a specified reason.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 21083.8 of the Public Resources Code is amended
to read:
21083.8. (a) For the purposes of this section, the following
terms have the following meaning:
(1) "Reuse plan" means an initial plan for the reuse of a military
base adopted by a local government or a redevelopment agency in the
form of a general plan, general plan amendment, specific plan,
redevelopment plan, or other planning document.
(2) "Military base" or "base" means any military base or
reservation either closed or realigned by, or scheduled for closure
or realignment by, the federal government.
(b) If an environmental impact statement on the closure and reuse
of a military base has been prepared and filed pursuant to the
National Environmental Policy Act of 1969 (42 U.S.C. Sec. 4321 et
seq.), the lead agency that is responsible for the preparation of an
environmental impact report for a reuse plan for the same base may
proceed in the following manner:
(1) A notice of the preparation of an environmental impact report
on a reuse plan shall be prepared pursuant to either Section 21080.4
or 21080.6 and shall include a description of the reuse plan and a
copy of the environmental impact statement. The notice shall
indicate that the lead agency intends to utilize the environmental
impact statement as a draft environmental impact report and requests
comments on whether, and to what extent, the environmental impact
statement provides adequate information to serve as a draft
environmental impact report, and what specific additional
information, if any, is necessary to comply with this division. The
notice shall also indicate the address to which written comments may
be sent and the deadline for submitting comments.
(2) Upon the close of the comment period on the notice of
preparation, the lead agency may proceed with preparation of the
environmental impact report on the reuse plan. The lead agency
shall, to the greatest extent feasible, avoid duplication and utilize
information in the environmental impact statement consistent with
this division. The draft environmental impact report shall consist
of all or part of the environmental impact statement and any
additional information that is necessary to prepare a draft
environmental impact report in compliance with this division.
(3) In all other respects, the environmental impact report for the
reuse plan shall be completed in compliance with this division.
(c) This section shall remain in effect only until January 1,
2001, and as of that date is repealed, unless a later enacted
statute, which is enacted before January 1, 2001, deletes or extends
that date.
SEC. 2. Section 21083.8.1 is added to the Public Resources Code,
to read:
21083.8.1. (a) (1) For purposes of this section, "reuse plan" for
a military base or reservation has the same meaning as the term as
defined in paragraph (1) of subdivision (a) of Section 21083.8,
except that the reuse plan shall also consist of a statement of
development policies, include a diagram or diagrams illustrating its
provisions, and make the designation required in paragraph (2) of
this section.
(2) The reuse plan shall designate the proposed general
distribution and general location of development intensity for
housing, business, industry, open space, recreation, natural
resources, public buildings and grounds, roads and other
transportation facilities, infrastructure, and other categories of
public and private uses of land.
(b) (1) When preparing and certifying an environmental impact
report for a reuse plan, including when utilizing an environmental
impact statement pursuant to Section 21083.5, in addition to the
procedure authorized pursuant to subdivision (b) of Section 21083.8,
the determination of whether the reuse plan may have a significant
effect on the environment may be made in the context of the physical
conditions which were present at the time that the federal decision
became final for the closure or realignment of the base or
reservation. The no project alternative analyzed in the
environmental impact report shall discuss the existing conditions on
the base, as they exist at the time that the environmental impact
report is prepared, as well as what could be reasonably expected to
occur in the foreseeable future if the reuse plan were not approved,
based on current plans and consistent with available infrastructure
and services.
(2) For purposes of this division, all public and private
activities taken pursuant to, or in furtherance of, a reuse plan
shall be deemed to be a single project. However, further
environmental review of any such public or private activity shall be
conducted if any of the events specified in Section 21166 have
occurred.
(c) Prior to preparing an environmental impact report for which a
lead agency chooses to utilize the provisions of this section, the
lead agency shall do all of the following:
(A) Hold a public hearing at which is discussed the federal
environmental impact statement prepared for, or in the process of
being prepared for, the closure of the military base or reservation.
The discussion shall include the significant effects on the
environment examined in the environmental impact statement, potential
methods of mitigating those effects, including feasible
alternatives, and the mitigative effects of federal, state, and local
laws applicable to future nonmilitary activities. Prior to the
close of the hearing, the lead agency may specify the baseline
conditions for the reuse plan environmental impact report prepared,
or in the process of being prepared, for the closure of the base or
reservation. The lead agency may specify particular physical
conditions which it will examine in greater detail than were examined
in the environmental impact statement. Notice of the hearing shall
be given as provided in Section 21092. The hearing may be continued
from time to time.
(B) Identify pertinent responsible agencies and trustee agencies
and consult with those agencies prior to the public hearing as to the
application of their regulatory policies and permitting standards to
the proposed baseline for environmental analysis, as well as to the
reuse plan and planned future nonmilitary land uses of the base or
reservation. The affected agencies shall have not less than 30 days
prior to the public hearing to review the proposed reuse plan and to
submit their comments to the lead agency.
(C) At the close of the hearing, the lead agency shall state in
writing how the lead agency intends to integrate the baseline for
analysis with the reuse planning and environmental review process,
taking into account the adopted environmental standards of the
community, including, but not limited to, the applicable general
plan, specific plan, and redevelopment plan, and including other
applicable provisions of adopted congestion management plans, habitat
conservation or natural communities conservation plans, integrated
waste management plans, and county hazardous waste management plans.
(D) At the close of the hearing, the lead agency shall state, in
writing, the specific economic or social reasons, including, but not
limited to, new job creation, opportunities for employment of skilled
workers, availability of low and moderate income housing, and
economic continuity, which support the selection of the baseline.
(d) (1) Nothing in this section shall in any way limit the scope
of a review or determination of significance of the presence of
hazardous or toxic wastes, substances, or materials including, but
not limited to, contaminated soils and groundwater, nor shall the
regulation of hazardous or toxic wastes, substances, or materials be
constrained by prior levels of activity that existed at the time that
the federal agency decision to close the military base or
reservation became final.
(2) This section does not apply to any project undertaken pursuant
to Chapter 6.5 (commencing with Section 25100) of, or Chapter 6.8
(commencing with Section 25300) of, Division 20 of the Health and
Safety Code, or pursuant to the Porter-Cologne Water Quality Control
Act (Division 7 (commencing with Section 13000) of the Water Code).
(3) This section may apply to any reuse plan environmental impact
report for which a notice of preparation pursuant to subdivision (a)
of Section 21092 is issued within one year from the date that the
federal record of decision was rendered for the military base or
reservation closure or realignment and reuse, or prior to January 1,
1997, whichever is later, if the environmental impact report is
completed and certified within five years from the date that the
federal record of decision was rendered.
(e) All subsequent development at the military base or reservation
site shall be subject to all applicable federal, state, or local
laws, including, but not limited to, those relating to air quality,
water quality, traffic, threatened and endangered species, noise, and
hazardous or toxic wastes, substances, or materials.
SEC. 3. Section 21151.1 of the Public Resources Code is amended to
read:
21151.1. (a) Notwithstanding paragraph (6) of subdivision (b) of
Section 21080, or Section 21080.5 or 21084, or any other provision of
law, except as provided in this section, a lead agency shall prepare
or cause to be prepared by contract, and certify the completion of,
an environmental impact report or, if appropriate, a modification,
addendum, or supplement to an existing environmental impact report,
for any project involving any of the following:
(1) (A) The burning of municipal wastes, hazardous waste, or
refuse-derived fuel, including, but not limited to, tires, if the
project is either of the following:
(i) The construction of a new facility.
(ii) The expansion of an existing facility which burns hazardous
waste which would increase its permitted capacity by more than 10
percent.
(B) This paragraph does not apply to any project exclusively
burning hazardous waste, for which a final determination under
Section 21080.1 has been made prior to July 14, 1989.
(2) The initial issuance of a hazardous waste facilities permit to
a land disposal facility, as defined in subdivision (d) of Section
25199.1 of the Health and Safety Code.
(3) The initial issuance of a hazardous waste facilities permit
pursuant to Section 25200 of the Health and Safety Code to an offsite
large treatment facility, as defined pursuant to subdivision (d) of
Section 25205.1 of the Health and Safety Code.
(4) A base reuse plan as defined in Section 21083.8 or 21083.8.1.
The Legislature hereby finds that no reimbursement is required
pursuant to Section 6 of Article XIIIB of the California Constitution
for an environmental impact report for a base reuse plan if an
environmental impact report is otherwise required for that base reuse
plan pursuant to any other provision of this division.
(b) For purposes of clause (ii) of subparagraph (A) of
subparagraph (B) of paragraph (1) of subdivision (a), the amount of
expansion of an existing facility shall be calculated by comparing
the proposed facility capacity with whichever of the following is
applicable:
(1) The facility capacity authorized in the facility's hazardous
waste facilities permit pursuant to Section 25200 of the Health and
Safety Code or its grant of interim status pursuant to Section
25200.5 of the Health and Safety Code, or the facility capacity
authorized in any state or local agency permit allowing the
construction or operation of a facility for the burning of hazardous
waste, granted before January 1, 1990.
(2) The facility capacity authorized in the facility's original
hazardous waste facilities permit, grant of interim status, or any
state or local agency permit allowing the construction or operation
of a facility for the burning of hazardous waste, granted on or after
January 1, 1990.
(c) For purposes of paragraphs (2) and (3) of subdivision (a), the
initial issuance of a hazardous waste facilities permit does not
include the issuance of a closure or postclosure permit pursuant to
Chapter 6.5 (commencing with Section 25100) of Division 20 of the
Health and Safety Code.
(d) Paragraph (1) of subdivision (a) does not apply to any project
which does any of the following:
(1) Exclusively burns digester gas produced from manure or any
other solid or semisolid animal waste.
(2) Exclusively burns methane gas produced from a disposal site,
as defined in Section 40122, which is used only for the disposal of
solid waste, as defined in Section 40191.
(3) Exclusively burns forest, agricultural, wood, or other biomass
wastes.
(4) Exclusively burns hazardous waste in an incineration unit
which is transportable and which is either at a site for not longer
than three years or is part of a remedial or removal action. For
purposes of this paragraph, "transportable" means any equipment which
performs a "treatment" as defined in Section 66216 of Title 22 of
the California Code of Regulations, and which is transported on a
vehicle as defined in Section 66230 of Title 22 of the California
Code of Regulations.
(5) Exclusively burns refinery waste in a flare on the site of
generation.
(6) Exclusively burns in a flare methane gas produced at a
municipal sewage treatment plant.
(7) Exclusively burns hazardous waste, or exclusively burns
hazardous waste as a supplemental fuel, as part of a research,
development, or demonstration project which, consistent with federal
regulations implementing the Resource Conservation and Recovery Act
of 1976, as amended (42 U.S.C. Sec. 6901 et seq.), has been
determined to be innovative and experimental by the Department of
Toxic Substances Control and which is limited in type and quantity of
waste to that necessary to determine the efficacy and performance
capabilities of the technology or process; provided, however, that
any facility which operated as a research, development, or
demonstration project and for which an application is thereafter
submitted for a hazardous waste facility permit for operation other
than as a research, development, or demonstration project shall be
considered a new facility for the burning of hazardous waste and
shall be subject to subdivision (a) of Section 21151.1.
(8) Exclusively burns soils contaminated only with petroleum fuels
or the vapors from these soils.
(9) Exclusively treats less than 3,000 pounds of hazardous waste
per day in a thermal processing unit operated in the absence of open
flame, and submits a worst-case health risk assessment of the
technology to the Department of Toxic Substances Control for review
and distribution to the interested public. This assessment shall be
prepared in accordance with guidelines set forth in the Air Toxics
Assessment Manual of the California Air Pollution Control Officers
Association.
(10) Exclusively burns less than 1,200 pounds per day of medical
waste, as defined in Section 25023.2 of the Health and Safety Code,
on hospital sites.
(11) Exclusively burns chemicals and fuels as part of firefighter
training.
(12) Exclusively conducts open burns of explosives subject to the
requirements of the air pollution control district or air quality
management district and in compliance with OSHA and Cal-OSHA
regulations.
(13) Exclusively conducts onsite burning of less than 3,000 pounds
per day of fumes directly from a manufacturing or commercial
process.
(14) Exclusively conducts onsite burning of hazardous waste in an
industrial furnace that recovers hydrogen chloride from the flue gas
if the hydrogen chloride is subsequently sold, distributed in
commerce, or used in a manufacturing process at the site where the
hydrogen chloride is recovered, and the burning is in compliance with
the requirements of the air pollution control district or air
quality management district and the Department of Toxic Substances
Control.
(e) Paragraph (1) of subdivision (a) does not apply to any project
for which the State Energy Resources Conservation and Development
Commission has assumed jurisdiction under Chapter 6 (commencing with
Section 25500) of Division 15.
(f) Paragraphs (2) and (3) of subdivision (a) shall not apply if
the facility only manages hazardous waste which is identified or
listed pursuant to Section 25140 or 25141 on or after January 1,
1992, but not before that date, or only conducts activities which are
regulated pursuant to Chapter 6.5 (commencing with Section 25100) of
Division 20 of the Health and Safety Code on or after January 1,
1992, but not before that date.
(g) This section does not exempt any project from any other
requirement of this division.
(h) For purposes of this section, offsite facility means a
facility that serves more than one generator of hazardous waste.
SEC. 4. No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because a
local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code.
Notwithstanding Section 17580 of the Government Code, unless
otherwise specified, the provisions of this act shall become
operative on the same date that the act takes effect pursuant to the
California Constitution.