BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 52|
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THIRD READING
Bill No: SB 52
Author: Steinberg (D), et al.
Amended: 1/31/12
Vote: 21
SENATE ENVIRONMENTAL QUALITY COMMITTEE : 6-0, 1/11/12
AYES: Simitian, Blakeslee, Hancock, Kehoe, Lowenthal,
Pavley
NO VOTE RECORDED: Strickland
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SUBJECT : Environmental quality: jobs and economic
improvement
SOURCE : Author
DIGEST : This bill clarifies the Jobs and Economic
Improvement Through Environmental Leadership Act of 2011
�AB 900 (Buchanan and Gordon), Chapter 354, Statutes of
2011], by (1) clarifying the definition of "applicant" and
"transportation efficiency"; (2) clarifying that the $100
million minimum project investment is spent on planning,
design, and project construction; providing that priority
for greenhouse gas emission reduction occur on the project
site and in neighboring communities; and providing for
offset credit reductions procedures for these reductions;
(3) clarifying that procedures relating to an action or
proceeding alleging a violation of the California
Environmental Quality Act (CEQA) apply to the lead agency,
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rather than a public agency; (4) revising Judicial Council
reporting requirements to reference justice administrative
issues rather than project certification issues; and (5)
clarifying legislative intent.
Senate Floor Amendments of 1/31/12 delete the urgency
clause.
ANALYSIS : Existing law, under the Jobs and Economic
Improvement Through Environmental Leadership Act of 2011
(part of CEQA), sets procedures relating to an
"environmental leadership development project" (ELDP).
An ELDP is defined as one of the following:
1. A residential, retail, commercial, sports, cultural,
entertainment, or recreational use project that is
Leadership Energy and Environmental Design (LEED)
certified (silver or better); achieves a 10% greater
standard for transportation efficiency (as defined) than
for comparable projects; located on an infill site; and,
if within a metropolitan planning organization where a
sustainable communities strategy or alternative planning
strategy is in effect, is consistent with certain
requirements specified for that project in the strategy
while meeting certain related requirements.
2. A clean renewable energy project that generates
electricity exclusively through wind or solar, but not
including waste incineration or conversion.
3. A clean energy manufacturing project that manufactures
products, equipment, or components used for renewable
energy generation, energy efficiency, or for production
of clean alternative fuel vehicles.
According to the intent of the Jobs and Economic
Improvement Through Environmental Leadership Act of 2011,
enacted by AB 900 (Buchanan and Gordon) Chapter 354,
Statutes of 2011, the Act "provides streamlining benefits
under CEQA for a limited period of time to put people to
work as soon as possible" and these projects "present an
unprecedented opportunity to implement nation-leading
innovative measures that will significantly reduce traffic,
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air quality, and other significant environmental impacts,
and fully mitigate the greenhouse gas emissions resulting
from passenger vehicle trips attributed to the project."
Specifics of SB 52
1. Provides a technical clarification to the definition of
"applicant," clarifies that the use must be designed to
be LEED silver or better, and provides that the
definition of "transportation efficiency" refers to
private automobile trips rather than vehicle trips.
(Public Resources Code (PRC) Section 21180).
2. Requires the lead agency, prior to release of a draft
environmental impact report (EIR) for public comment
that an applicant is electing to proceed pursuant to
CEQA, to notify the Secretary of the Natural Resources
Agency if the applicant provides notification, rather
than fails to provide notification, and corrects a cross
reference. (PRC Section 21181).
3. Clarifies that the $100 million minimum project
investment is spent on planning, design, and project
construction; provides that priority for greenhouse gas
emission reductions occur on the project site and in
neighboring communities, and provides offset credit
procedures for these reductions; clarifies that special
master costs are not limited to appointment of the
special master; and makes other clarifying amendments.
(PRC Section 21183).
4. Clarifies that procedures relating to an action or
proceeding alleging a violation of CEQA apply to the
lead agency, rather than a public agency, and strikes a
requirement to file concurrent claims; and authorizes
the court to order, rather than grant, extensions of
time only for good cause. (PRC Section 21185).
5. Clarifies cross-references in the specified notice which
is required to be included in EIR reports (PRC Section
21187); revises the Judicial Council reporting
requirement to reference justice administration issues
rather than project certification issues (PRC Section
21189.2); and clarifies legislative intent to, among
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other things, reference public projects (PRC Section
21178).
NOTE: Refer to the Senate Environmental Quality Committee
analysis for existing law background.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 1/17/12)
California League of Conservation Voters
Natural Resources Defense Council
OPPOSITION : (Verified 1/18/12)
American Wood Council
ARGUMENTS IN SUPPORT : According to the author's office,
when AB 900 was heard and approved by the Senate
Environmental Quality Committee on September 9, 2011 (5-1),
authors of the bill wanted to address certain issues in
2012 that were raised regarding the bill. For example,
Assemblymembers Buchanan and Gordon submitted a letter to
the Journal on September 9, 2011, regarding LEED
certification, legislative intent relating to public and
private projects, and court orders for extension of time.
SB 52 amendments clarify these issues. SB 52 also responds
to issues raised by others by, for example, correcting
cross references; clarifying definitions; specifying
priorities for greenhouse gas emission reductions and
providing for offset credits; clarifying special master
costs to be paid by the applicant; and clarifying that the
Act applies to an action or proceeding alleging a violation
of CEQA by the lead agency.
ARGUMENTS IN OPPOSITION : The American Wood Council
states that "the inclusion of language requiring the use of
only the non-consensus and proprietary LEED green building
rating system is of concern. Unfortunately, the LEED
system does not appropriately recognize the energy saving
and environmental benefits of renewable wood products.
Through several specific credits, the LEED system puts U.S.
wood products at a significant disadvantage to competing
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(and environmentally inferior) building materials."
DLW:mw 1/31/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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