BILL NUMBER: SB 226	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JULY 14, 2011

INTRODUCED BY    Senator   Simitian
  Senators   Simitian   and Vargas


                        FEBRUARY 9, 2011

   An act to amend Section 65919.10 of the Government Code, and to
amend  Section 21083.9 of   Sections 21081.2,
21083.9, 21084, and 21177 of, to add Sections 21080.35 and 21155.4
to, and to add and repeal Section 21084.2 of,  the Public
Resources Code, relating to  land use planning  
environmental quality  , and declaring the urgency thereof, to
take effect immediately.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 226, as amended, Simitian.  Land use planning.
  Environmental quality. 
   (1) The California Environmental Quality Act (CEQA) requires a
lead agency to prepare, or cause to be prepared, and certify the
completion of, an environmental impact report on a project, as
defined, that it proposes to carry out or approve that may have a
significant effect on the environment, as defined, or to adopt a
negative declaration if it finds that the project will not have that
effect.  CEQA  
   This bill would exempt from the requirements of CEQA projects
consisting of the installation of solar panels on the roof of a
commercial or industrial building meeting specified conditions.
Because a lead agency would be required to determine whether a
project would be exempt under this provision, this bill would impose
a state-mandated local program. 
    CEQA  requires a lead agency to call a scoping meeting
for a project of statewide, regional, or areawide significance, and
requires the lead agency to provide notice of at least one of those
scoping meetings to specified entities, including a county or city
that borders on a county or city within which the project is located,
unless otherwise designated annually by agreement between the lead
agency and county or city.  Existing law requires, prior to
action by a legislative body to adopt or substantially amend a
general plan, the planning agency to refer the proposed action to a
city or county within or abutting the area covered by the proposal.

   This bill would authorize  the   this 
referral of a proposed action to adopt or substantially amend a
general plan  to   of  a city or county
 within or abutting the area covered by the proposal by a
planning agency prior to action by a legislative body to adopt or
amend the general plan  to be conducted concurrently with
the scoping meeting. The city or county would be authorized to submit
specified comments at the scoping meeting. 
   (2) CEQA authorizes the Secretary of the Natural Resources Agency
to certify and adopt guidelines to include a list of classes of
projects that have been determined not to have a significant effect
on the environment and are exempted from the requirements of CEQA
(categorical exemption).  
   This bill would provide that a project's greenhouse gas emissions
are not, in and of themselves, deemed to cause the exemption to be
inapplicable under specified conditions.  
   This bill would also require the Secretary of the Natural
Resources Agency, on or before March 1, 2012, to adopt a categorical
exemption for solar photovoltaic projects located on disturbed
agricultural lands meeting specified conditions. Because a lead
agency would be required to determine whether the categorical
exemption would apply to a project, this bill would impose a
state-mandated local program. The bill would repeal this requirement
on January 1, 2015.  
   (3) CEQA exempts from its requirements a transit priority project
meeting specified requirements if a legislative body declares after
conducting a public hearing that the project is a sustainable
communities project. CEQA also exempts an urban infill project
meeting specified conditions from certain requirements.  
   This bill would exempt an urban infill project located in a
jurisdiction for which a sustainable communities strategy has been
adopted by the metropolitan planning organization for that
jurisdiction and that is a transit priority project that has been
declared to be a sustainable communities project. Because a lead
agency would be required to determine whether the exemption applies,
this bill would impose a state-mandated local program.  
   (4) CEQA authorizes the use of a sustainable communities
environmental assessment or modified environmental impact report for
the purposes of CEQA for a transit priority project meeting specified
requirements.  
   This bill would authorize, until the adoption of a sustainable
communities strategy, the use of a sustainable communities
environmental assessment or modified environmental impact report for
a transit proximity project meeting specified conditions.  
   (5) CEQA prohibits a person from bringing or maintaining an action
or proceeding unless the alleged grounds for noncompliance with CEQA
were presented to the public agency during the public comment period
or before the close of the public hearing on the project before the
issuance of the notice of determination.  
   This bill would authorize, until January 1, 2016, with specified
exceptions, a lead agency to not consider written materials submitted
after the close of the public comment period and would prohibit the
use of those materials as a basis for challenging the lead agency's
action pursuant to CEQA.  
   (2) 
    (6)    Existing law authorizes a county and a
city to agree upon a procedure for referral to, and comment by, the
city or county concerning the other entity's proposals to adopt or
amend all or part of a general or specific plan or zoning ordinance,
as specified.
   This bill would make a technical, nonsubstantive change to this
authorization. 
   (7) 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.  
   (3) 
    (8)    This bill would declare that it is to
take effect immediately as an urgency statute.
   Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program:  no  yes  .



THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    The Legislature finds and declares all
of the following:  
   (a) In 2008, the Legislature passed and the Governor signed Senate
Bill 375, which was chaptered as Chapter 726 of the Statutes of
2008, requiring metropolitan planning organizations to adopt a
sustainable community strategy that will comprehensively integrate
land use planning, transportation investments, and climate policy.
Part of Chapter 726 of the Statutes of 2008 includes incentives under
the California Environmental Quality Act (Division 13 (commencing
with Section 21000) of the Public Resources Code) to encourage
development patterns that would help implement the sustainable
communities strategy.  
   (b) Metropolitan planning organizations will begin adopting these
strategies in 2011, but adoption will not be complete until 2013.
 
   (c) One of the incentives created under Chapter 726 of the
Statutes of 2008 is the sustainable communities environmental
assessment that provides a more expeditious review under the
California Environmental Quality Act for residential and mixed-use
residential projects that have a proximity to transit.  
   (d) Because of the severe recession that continues to impact
California and because of the need to promote jobs in the
construction industry, it is important to make the sustainable
communities assessment available as early as possible in order to
promote the construction of projects that will foster the use of
transit. 
   SECTION 1.   SEC. 2.   Section 65919.10
of the Government Code is amended to read:
   65919.10.  If the proposed action is a change in a zoning
ordinance, the county or city need not refer the zoning proposal to
an affected city or county, as the case may be, if the zoning
proposal is consistent with the general plan and the general plan
proposal was referred and acted upon pursuant to this chapter.
   SEC. 3.    Section 21080.35 is added to the 
 Public Resources Code   , to read:  
   21080.35.  This division does not apply to a project consisting of
the installation of solar photovoltaic panels on the roof of a
commercial or industrial building that meets both of the following
conditions:
   (a) The maximum electrical generating capacity of the project is
not more than three megawatts.
   (b) The control equipment for the solar panels will be located
inside the commercial or industrial building. 
   SEC. 4.    Section 21081.2 of the   Public
Resources Code   is amended to read: 
   21081.2.  (a) Except as provided in subdivision (c)  or (g)
 , if a residential project, not exceeding 100 units, with a
minimum residential density of 20 units per acre and within one-half
mile of a transit stop, on an infill site in an urbanized area is in
compliance with the traffic, circulation, and transportation policies
of the general plan, applicable community plan, applicable specific
plan, and applicable ordinances of the city or county with
jurisdiction over the area where the project is located, and the city
or county requires that the mitigation measures approved in a
previously certified project area environmental impact report
applicable to the project be incorporated into the project, the city
or county is not required to comply with subdivision (a) of Section
21081 with respect to the making of any findings regarding the
impacts of the project on traffic at intersections, or on streets,
highways, or freeways.
   (b)  Nothing in subdivision   Subdivision
 (a)  restricts   does not restrict 
the authority of a city or county to adopt feasible mitigation
measures with respect to the impacts of a project on pedestrian and
bicycle safety.
   (c) Subdivision (a) does not apply in any of the following
circumstances:
   (1) The application for a proposed project is made more than five
years after certification of the project area environmental impact
report applicable to the project.
   (2) A major change has occurred within the project area after
certification of the project area environmental impact report
applicable to the project.
   (3) The project area environmental impact report applicable to the
project was certified with overriding considerations pursuant to
subdivision (b) of Section 21081 to the significant impacts on the
environment with respect to traffic or transportation.
   (4) The proposed project covers more than four acres.
   (d) A project shall not be divided into smaller projects in order
to qualify pursuant to this section.
   (e)  Nothing in this   This  section
 relieves   does not relieve  a city or
county from the requirement to analyze the project's effects on
traffic at intersections, or on streets, highways, or freeways, or
from making a determination that the project may have a significant
effect on traffic.
   (f) For the purposes of this section, "project area environmental
impact report" means an environmental impact report certified on any
of the following:
   (1) A general plan.
   (2) A revision or update to the general plan that includes at
least the land use and circulation elements.
   (3) An applicable community plan.
   (4) An applicable specific plan.
   (5) A housing element of the general plan, if the environmental
impact report analyzed the environmental effects of the density of
the proposed project.
   (6) A zoning ordinance. 
   (g) This section does not apply to a residential project located
in a jurisdiction for which a sustainable community strategy has been
adopted by the metropolitan planning organization of that
jurisdiction pursuant to Section 65080 of the Government Code that
qualifies as a transit priority project, in which case, Section
21155.1 shall apply. 
   SEC. 2.   SEC. 5.   Section 21083.9 of
the Public Resources Code is amended to read:
   21083.9.  (a) Notwithstanding Section 21080.4, 21104, or 21153, a
lead agency shall call at least one scoping meeting for either of the
following:
   (1) A proposed project that may affect highways or other
facilities under the jurisdiction of the Department of Transportation
if the meeting is requested by the department. The lead agency shall
call the scoping meeting as soon as possible, but not later than 30
days after receiving the request from the Department of
Transportation.
   (2) A project of statewide, regional, or areawide significance.
   (b) The lead agency shall provide notice of at least one scoping
meeting held pursuant to paragraph (2) of subdivision (a) to all of
the following:
   (1) A county or city that borders on a county or city within which
the project is located, unless otherwise designated annually by
agreement between the lead agency and the county or city.
   (2) A responsible agency.
   (3) A public agency that has jurisdiction by law with respect to
the project.
   (4) A transportation planning agency or public agency required to
be consulted pursuant to Section 21092.4.
   (5) An organization or individual who has filed a written request
for the notice.
   (c) For an entity, organization, or individual that is required to
be provided notice of a lead agency public meeting, the requirement
for notice of a scoping meeting pursuant to subdivision (b) may be
met by including the notice of a scoping meeting in the public
meeting notice.
   (d) A scoping meeting that is held in the city or county within
which the project is located pursuant to the  federal 
National Environmental Policy Act  of 1969  (42 U.S.C. Sec.
4321 et seq.) and the regulations adopted pursuant to that act shall
be deemed to satisfy the requirement that a scoping meeting be held
for a project subject to paragraph (2) of subdivision (a) if the lead
agency meets the notice requirements of subdivision (b) or
subdivision (c).
   (e) The referral of a proposed action to adopt or substantially
amend a general plan to a city or county pursuant to paragraph (1) of
subdivision (a) of Section 65352 of the Government Code may be
conducted concurrently with the scoping meeting required pursuant to
this section  ,  and the city or county may submit its
comments as provided pursuant to subdivision (b) of that section at
the scoping meeting.
   SEC. 6.    Section 21084 of the   Public
Resources Code   is amended to read: 
   21084.  (a) The guidelines prepared and adopted pursuant to
Section 21083 shall include a list of classes of projects 
which   that  have been determined not to have a
significant effect on the environment and  which 
 that  shall be exempt from this division. In adopting the
guidelines, the Secretary of the  Natural  Resources Agency
shall make a finding that the listed classes of projects referred to
in this section do not have a significant effect on the environment.

   (b) A project's greenhouse gas emissions shall not, in and of
themselves, be deemed to cause an exemption adopted pursuant to
subdivision (a) to be inapplicable if the project complies with all
applicable regulations or requirements adopted to implement
statewide, regional, or local plans consistent with Section 15183.5
of Title 14 of the California Code of Regulations.  
   (b) No project which 
    (c)     A project that  may result in
damage to scenic resources, including, but not limited to, trees,
historic buildings, rock outcroppings, or similar resources, within a
highway designated as an official state scenic highway, pursuant to
Article 2.5 (commencing with Section 260) of Chapter 2 of Division 1
of the Streets and Highways Code, shall  not  be exempted
from this division pursuant to subdivision (a). This subdivision does
not apply to improvements as mitigation for a project for which a
negative declaration has been approved or an environmental impact
report has been certified. 
   (c) No 
    (d)     A  project located on a site
 which   that  is included on any list
compiled pursuant to Section 65962.5 of the Government Code shall
 not  be exempted from this division pursuant to subdivision
(a). 
   (d) 
    (e)  The changes made to this section by Chapter 1212 of
the Statutes of 1991 apply only to projects for which applications
have not been deemed complete on or before January 1, 1992, pursuant
to Section 65943 of the Government Code. 
   (e) No 
    (f)     A  project that may cause a
substantial adverse change in the significance of an historical
resource, as specified in Section 21084.1, shall  not  be
exempted from this division pursuant to subdivision (a).
   SEC. 7.    Section 21084.2 is added to the  
Public Resources Code   , to read:  
   21084.2.  (a) On or before March 1, 2012, the Secretary of the
Natural Resources Agency shall amend the guidelines adopted pursuant
to Section 21084 to add solar photovoltaic projects that are located
on disturbed agricultural lands to the classes of projects that have
been determined not to have a significant effect on the environment
and that are therefore exempt from this division. The amendment shall
be limited to projects that meet all the following conditions:
   (1) The project has a maximum electrical generating capacity of
not more than 10 megawatts.
   (2) The project is located exclusively on lands that have been
mechanically disturbed or converted from native vegetation through
plowing, bulldozing, or other similar means.
   (3) The project is located exclusively on land that, based upon
generally accepted biological survey or assessment methods, has been
determined to have diminished value as habitat for endangered,
threatened, candidate, and other sensitive species, and that provides
no significant habitat or wildlife corridors.
   (4) The project is located on land that is not larger than 100
acres.
   (b) In adopting an amendment pursuant to this section, the
Secretary of the Natural Resources Agency shall take into
consideration the potential for impacts on agriculture and natural
resources, and may impose additional conditions on the exemption in
order to avoid any significant effects on the environment, including
any effects associated with the decommissioning of the project.
   (c) This section shall remain in effect only until January 1,
2015, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2015, deletes or extends
that date. 
   SEC. 8.    Section 21155.4 is added to the  
Public Resources Code   , to read:  
   21155.4.  (a) A transit proximity project that (1) includes a
major transit stop as part of the project, or (2) that is located
within one-quarter mile of an existing major transit stop or an
existing high-quality transit corridor may be reviewed under the
procedures set forth in subdivision (b) or (c) of Section 21155.2 if
the project has incorporated all mitigation measures or best
practices recommended for protection of public health by the local
air district, air pollution control district, or air quality
management district.
   (b) For purposes of this section, a transit proximity project is
one that satisfies paragraphs (1) and (2) of subdivision (b) of
Section 21155 and is located within an urbanized area.
   (c) For the purpose of this section, the following definitions
apply:
   (1) "Major transit stop" has the same meaning as set forth in
Section 21064.3.
   (2) "High-quality transit corridor" has the same meaning as set
forth in subdivision (b) of Section 21155.
   (3) This section shall apply only to projects located within a
metropolitan planning organization and shall cease to apply to
projects upon the adoption by that metropolitan planning organization
of a sustainable communities strategy pursuant to Section 65080 of
the Government Code. 
   SEC. 9.    Section 21177 of the   Public
Resources Code   , as amended by Section 11 of Chapter 496
of the Statutes of 2010, is amended to read: 
   21177.  (a) An action or proceeding shall not be brought pursuant
to Section 21167 unless the alleged grounds for noncompliance with
this division were presented to the public agency orally or in
writing by any person during the public comment period provided by
this division or prior to the close of the public hearing on the
project before the issuance of the notice of determination.
   (b) A person shall not maintain an action or proceeding unless
that person objected to the approval of the project orally or in
writing during the public comment period provided by this division or
prior to the close of the public hearing on the project before the
filing of the notice of determination  pursuant to Sections
21108 and 21152  . 
   (c) (1) This division does not require a public agency to consider
written materials submitted after the close of the public comment
period, unless those materials address any of the following matters:
 
   (A) New issues raised in the response to comments by the lead
agency.  
   (B) New information released by the public agency subsequent to
the release of the proposed final environmental impact report, such
as new information set forth or embodied in a staff report, proposed
permit, proposed resolution, ordinance, or similar legislative
document.  
   (C) Changes made to the project after the close of the public
comment period.  
   (D) Proposed conditions for approval of a project, mitigation
measures for a project included in an environmental document, or
proposed findings required by Section 21081 or a proposed mitigation
and monitoring program required by paragraph (1) of subdivision (a)
of Section 21081.6, where the public agency releases those documents
subsequent to the release of the proposed final environmental impact
report.  
   (E) New information that was not reasonably known and could not
have been reasonably known during the public comment period. 

   (2) If a lead agency elects not to consider written materials
submitted after the close of the public comment period, the lead
agency is not required to respond to that written material, and that
written material shall not be raised in an action or proceeding
brought pursuant to Section 21167.  
   (c) 
    (d)  This section does not preclude any organization
formed after the approval of a project from maintaining an action
pursuant to Section 21167 if a member of that organization has
complied with subdivisions (a) and (b). The grounds for noncompliance
may have been presented directly by a member or by a member agreeing
with or supporting the comments of another person. 
   (d) 
    (e)  This section does not apply to the Attorney
General. 
   (e) 
    (f)  This section does not apply to any alleged grounds
for noncompliance with this division for which there was no public
hearing or other opportunity for members of the public to raise those
objections orally or in writing prior to the approval of the
project, or if the public agency failed to give the notice required
by law. 
   (f) 
    (g)  This section shall remain in effect only until
January 1, 2016, and as of that date is repealed, unless a later
enacted statute, that is enacted before January 1, 2016, deletes or
extends that date.
   SEC. 10.    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. 
   SEC. 3.   SEC. 11.   This act is an
urgency statute necessary for the immediate preservation of the
public peace, health, or safety within the meaning of Article IV of
the Constitution and shall go into immediate effect. The facts
constituting the necessity are:
   In order to protect the environment and public health at the
earliest possible time, it is necessary for this act to take effect
immediately.