BILL NUMBER: AB 1017 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 27, 2008
PASSED THE ASSEMBLY AUGUST 29, 2008
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, 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 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.
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) 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.
(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.
(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. 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.