BILL NUMBER: AB 1017 AMENDED
BILL TEXT
AMENDED IN SENATE JULY 2, 2008
AMENDED IN ASSEMBLY JANUARY 7, 2008
AMENDED IN ASSEMBLY APRIL 9, 2007
INTRODUCED BY Assembly Member Ma
FEBRUARY 22, 2007
An act to amend Section 21151 of the Public Resources Code,
relating to environmental quality.
LEGISLATIVE COUNSEL'S DIGEST
AB 1017, as amended, Ma. California Environmental Quality Act:
appeal to local lead agency's elected decisionmaking body.
(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 (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 provides that if a nonelected decisionmaking body of a local
lead agency certifies an EIR, approves a negative declaration or
mitigated negative declaration, or determines that a project is not
subject to CEQA, that certification, approval, or determination may
be appealed to the agency's elected decisionmaking body, if any.
This bill would require that appeal to be brought
filed within 30 days of the
certification, approval of the project ,
or determination, unless that
the period for filing the appeals is extended
to a maximum of 60 days by the elected decisionmaking body, in which
case the an appeal would be required to
be brought filed within that extended
period. The bill would also extend the deadline for filing
specified actions or proceedings until the elected decisionmaking
body acts on the appeal. The bill would provide that a notice of an
approval or a determination to carry out a project subject to CEQA,
or a notice of a determination that a project is not subject to CEQA,
would be invalid if the approval of the project is appealed. The
bill, following final action by the elected decisionmaking body on
the appeal, would require the local lead agency to file a notice of
an approval or determination to carry out the project and would
authorize the local lead agency to file a notice of a determination
that the project is not subject to CEQA. By increasing the
duties of a local government to determine whether to extend
an appeal period with respect to these provisions
, 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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 21151 of the Public Resources Code is amended
to read:
21151. (a) All local agencies shall prepare, or cause to be
prepared by contract, and certify the completion of, an environmental
impact report on a project that they intend to carry out or approve
that may have a significant effect on the environment. When a report
is required by Section 65402 of the Government Code, the
environmental impact report may be submitted as a part of that
report.
(b) For purposes of this section, a significant effect on the
environment shall be limited to substantial, or potentially
substantial, adverse changes in physical conditions that exist within
the area as defined in Section 21060.5.
(c) (1) If a nonelected decisionmaking body
of a local lead agency certifies an environmental impact report,
approves a negative declaration or mitigated negative declaration, or
determines that a project is not subject to this division, that
certification, approval, or determination may be appealed to the
agency's elected decisionmaking body, if any. An appeal
brought pursuant to this subdivision shall be brought within 30 days
of the certification, approval, or determination, unless that period
is extended to a maximum of 60 days by the elected decisionmaking
body, in which case the appeal shall be brought within the extended
period determined by the elected decisionmaking body.
(2) (A) An appeal filed pursuant to paragraph (1) shall be filed
within 30 days of the approval of the project, unless the period for
filing appeals is extended pursuant to subparagraph (B), in which
case any appeal shall be filed within that extended period.
(B) The elected decisionmaking body may extend the period for
filing appeals pursuant to paragraph (1) to a maximum of 60 days
after the date of the approval of a project.
(3) A deadline for filing an action or proceeding, pursuant to
Section 21167, to attack, review, set aside, void, or annul an act or
decision of the local lead agency, for which an appeal has been
filed pursuant to paragraph (1), shall be extended until the elected
decisionmaking body acts on the appeal filed pursuant to that
paragraph.
(4) (A) A notice of an approval or determination filed pursuant to
subdivision (a) or (b) of Section 21152 is invalid if the approval
or determination of the nonelected decisionmaking body has been
appealed pursuant to paragraph (1).
(B) Following final action by the elected decisionmaking body on
an appeal filed pursuant to paragraph (1), the local lead agency
shall file a notice of an approval or determination pursuant to
subdivision (a) of Section 21152, or may file a notice of an approval
or determination pursuant to subdivision (b) of Section 21152, if
applicable.
SEC. 2. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B 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.