BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 1581|
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THIRD READING
Bill No: AB 1581
Author: Torres (D), et al
Amended: 8/20/10 in Senate
Vote: 21
SENATE ENVIRONMENTAL QUALITY COMMITTEE : 6-1, 6/28/10
AYES: Simitian, Corbett, Hancock, Lowenthal, Pavley,
Strickland
NOES: Runner
SENATE ENVIRONMENTAL QUALITY COMMITTEE : 4-2, 8/25/10
AYES: Simitian, Runner, Lowenthal, Strickland
NOES: Corbett, Hancock
NO VOTE RECORDED: Pavley
ASSEMBLY FLOOR : Not relevant
SUBJECT : California Environmental Quality Act: retail
facilities:
project review
SOURCE : California Retailer Association
DIGEST : This bill, until January 1, 2014, exempts the
alteration of a vacant retail structure from California
Environmental Quality Act (CEQA) if the structure existed
prior to January 1, 2008, is not more than 120,000 square
feet in area, and meets certain requirements. This bill
also requires a lead agency to provide a scoping meeting
notice to other entities not required receiving the notice
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pursuant to the CEQA but that have failed a written request
for the notice.
Senate Floor Amendments of 8/20/10 provide a CEQA exemption
for alteration of a large vacant retail structure.
ANALYSIS : Current law, under CEQA, requires lead
agencies with the principal responsibility for carrying out
or approving a proposed project to prepare a negative
declaration, mitigated declaration, or environmental impact
report for this action, unless the project is exempt from
CEQA. CEQA also requires a lead agency to call at least
one scoping meeting for a proposed project, and to provide
notice of the scoping meeting to certain entities.
This bill requires a scoping meeting notice to be provided
to any entity requesting notice that is not otherwise
required to receive the notice.
This bill, until January 1, 2014, exempts from CEQA
requirements a project that consists of the alteration of a
vacant retail structure that existed prior to January 1,
2008, is not more than 120,000 square feet in area, and
meets specified requirements.
Comments
Purpose of Bill . Under CEQA, a scoping meeting notice must
be provided to certain public agencies. An organization or
individual may file a written request to receive the
notice, but there is no provision allowing an entity to
receive a scoping meeting notice upon request if that
entity is not otherwise required to receive notice - such
as a special district or nearby city that does not border
the county or city within which the project is located.
This bill, as approved by the Senate Environmental Quality
Committee June 29, 2010, provides an opportunity for these
entities to file a written request to receive the scoping
meeting notice.
The author added a CEQA exemption to this bill August 20,
2010.
Interest to target former structures for use as
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supermarkets . According to the sponsor, the California
Retailers Association, "AB 1581 seeks to amend CEQA as it
applies to vacant/abandoned retail buildings in an effort
to encourage their reuse." The AB 1581 exemption applies
to a vacant structure of not more than 120,000 square feet
that meets certain conditions. With the ongoing recession,
there may be continuing increases in vacant retail
structures that interest certain retailers (Tesco's Fresh &
Easy), including those that build big box centers
(Wal-Mart).
Several recent reports indicate Wal-Mart is interested in
buying numerous smaller store sites for new neighborhood
oriented supermarkets. It was recently reported that those
"in the commercial real estate business say the company has
been aggressively nailing down local sites - mostly former
grocery stores - in advance of a major Northern California
rollout of its new format." Purchasing a vacant retail
store "blunts the costly, time-consuming challenges
Wal-Mart faces from unions and other critics whenever it
seeks approvals to build its warehouse-size supercenters."
(Shallit, Bob. "Wal-Mart plans small stores in Sacramento
area." Sacramento Bee , 26 Jun 2010.)
"Wal-Mart's going huge next year," said Garrick Brown,
research director at Colliers International in Sacramento,
California. "Locally they're looking for sites." Brown
noted that Wal-Mart is pursuing 200 to 300 locations,
including vacant buildings that the retailer can lease for
cheap. Wal-Mart spokesman Steve Restivo noted "We'll
continue to expand into new channels so customers can shop
and experience Wal-Mart when, where, and how they want."
(Johnston, Kelly. "Small Targets, Huge Profits."
Portfolio.com . 2 Jun 2010.)
According to Supermarket News , "Actually, it is the boxes
that are getting smaller as Wal-Mart finds more efficient
ways of doing the same things in ever-shrinking spaces; as
it seeks sites in more urbanized locations; and as it looks
for ways to skirt big box laws that keep stores of 100,000
square feet out of many communities." This includes a new
Wal-Mart Neighborhood Marketplace with 75,000 to 80,000
square feet. (Zwiebach, Elliot. "Wal-Mart Thinking
Smaller to Get Bigger." Supermarket News . 28 June 2010.)
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FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (per Senate EQ Committee analysis of 8/20/10)
California Retailer Association (source)
Building Owners and Managers Association of California
California Building Industry Association
California Business Properties Association
California Chamber of Commerce
California Grocers Association
Construction Employers' Association
Commercial Real Estate Development Association
International Council of Shopping Centers
San Bernardino County
OPPOSITION : (per Senate EQ Committee analysis of
8/20/10)
Sierra Club California
TSM:DLW:do 8/27/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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