BILL NUMBER: AB 1017 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 22, 2008
AMENDED IN SENATE AUGUST 18, 2008
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 filed within 30
days of the approval of the project, unless the period for filing
appeals is extended to a maximum of 60 days by the elected
decisionmaking body, in which case an appeal would be required to be
filed within that extended period. The bill would require
the elected decisionmaking body to set the matter for a hearing
within 90 days of the filing of the appeal and to make a decision on
the appeal within 30 days of a hearing, which may be extended by the
elected decisionmaking body to 45 days, following the conclusion of
the hearing. The bill would also provide that the time period for
filing specified actions or proceedings commences on the date that
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, if applicable, the local lead
agency to file a notice of a determination that the project is not
subject to CEQA. The bill would require that, for a city and
county, an appeal to an elected decisionmaking body be filed within
30 days of the first discretionary approval of a project. By
increasing the duties of a local government 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.
(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)
(2) (A) Upon the filing of an appeal, the
decisionmaking body shall set the matter for hearing. The hearing
shall be held within 90 days after the date the appeal is filed
pursuant to this subdivision. The decisionmaking body shall make a
decision on the appeal within 30 days following the conclusion of the
hearing.
(B) The elected decisionmaking body may extend the period for
acting on appeals pursuant to subparagraph (A) to a maximum of 45
days following the conclusion of a hearing.
(4)
(3) 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 commenced within the applicable time period
specified in that section after the date that the elected
decisionmaking body acts on the appeal filed pursuant to that
paragraph.
(5)
(4) (A) A notice of an approval or determination filed
pursuant to subdivision (a) or (b) of Section 21152 is set aside, and
is, therefore, null and void 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. For a city and county, an appeal pursuant
to subdivision (c) of Section 21151 of the Public Resources Code
shall be filed within 30 days of the first discretionary approval of
a project.
SEC. 2. SEC. 3. 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.