BILL ANALYSIS
AB 1017
Page 1
Date of Hearing: January 24, 2008
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mark Leno, Chair
AB 1017 (Ma) - As Amended: January 7, 2008
Policy Committee: Natural Resources
Vote: 9-0
Urgency: No State Mandated Local Program:
Yes Reimbursable: No
SUMMARY
This bill places time limits on when an appeal may be brought
against the actions of a non-elected decision-making body of a
local lead agency with regard to projects subject to the
California Environmental Quality Act (CEQA). Specifically, this
bill:
1) Requires any appeal of the non-elected decision-making body's
certification of an environmental impact report (EIR),
approval of a negative declaration or mitigated negative
declaration, or determination that the project is not subject
to CEQA, to be brought within 30 days of that action.
2)Allows the elected decision-making body that oversees the lead
agency to extend the above time limit to 60 days.
FISCAL EFFECT
No state fiscal effect. Local agencies save money, to the
extent this bill's time limits on appeals result in a more cost
effective project approval process under CEQA.
COMMENTS
1)Rationale . The author contends that the lack of deadlines for
bringing appeals against the actions of a non-elected
decision-making body of a local lead agency with regard to
projects subject to CEQA could result in unnecessary
disruptions in the progress of these local projects. The
author argues that the time limits for bringing these appeals
were never intended to be open-ended, and that placing a 30-60
AB 1017
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day time limit for appeals is appropriate.
2)Background . CEQA requires local lead agencies to certify the
completion of an EIR on a project they intend to carry out or
approve that may have a significant adverse effect on the
environment. The local lead agency may approve a negative
declaration, if it finds that the project will not have a
significant adverse effect, and may approve a mitigated
negative declaration if it finds that project revisions would
avoid or mitigate the effect.
SB 722 (Kopp) - Chapter 1070, Statutes of 1993 established an
appeals process for CEQA-related actions taken by a lead
agency's non-elected decision-making body. The appeals
process is intended to better ensure that the decisions made
by non-elected decision-making bodies that are not directly
accountable to voters are appropriate. SB 722 neglected to
place a time limit on this appeals process, resulting in the
potential that a non-elected decision-making body's decision
could be appealed months or years later and effect a project's
progress in its later stages or even after a project has been
completed. AB 1017 places a 30-day time limit for bringing an
appeal, with a provision allowing the time period to be
extended 30 days by the elected body of the local lead agency.
Analysis Prepared by : Steve Archibald / APPR. / (916)
319-2081