BILL NUMBER: SB 250	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 25, 2011
	AMENDED IN SENATE  MARCH 15, 2011

INTRODUCED BY   Senator Rubio

                        FEBRUARY 10, 2011

   An act to  add Section 21167.11 to   amend
Section   21086 of  the Public Resources Code, relating
to environmental quality.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 250, as amended, Rubio. Environment quality: CEQA: 
renewable energy project: exemption.   categorical
exemptions: addition and deletion.  
   The California Environmental Quality Act requires the Office of
Planning and Research to adopt guidelines that include criteria for
public agencies to follow in determining whether or not a proposed
project may have a significant effect on the environment and a list
of classes of projects that are exempted from the act's requirements.
The act establishes procedures for the certification and adoption of
the guidelines. The act authorizes a public agency to request, in
writing, the addition or deletion of a class of projects to the list.
The office is required to review each request and, as soon as
possible, submit its recommendation to the Secretary of the Natural
Resources Agency. 
   This bill would make technical, nonsubstantive changes to the
provision regarding the addition or deletion of a class of projects.
 
   (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 authorizes an action or proceeding to attack, review, set
aside, void, or annul acts or decisions taken by a public agency on
the grounds of noncompliance with CEQA.  
   This bill would provide that a program EIR or a master EIR
prepared for the siting or permitting of a renewable energy project
that qualifies as an eligible renewable energy resource under the
California Renewables Portfolio Standard Program or related
transmission projects are not subject to judicial review. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

   SECTION 1.    Section 2108   6 of the 
 Public Resources Code   is amended to read: 
   21086.  (a) A public agency may, at any time, request the addition
or deletion of a class of projects, to the list designated pursuant
to Section 21084. That request shall be made in writing to the Office
of Planning and Research and shall include information supporting
the public agency's position that the class of projects does, or does
not, have a significant effect on the environment.
   (b) The Office of Planning and Research shall review each request
and, as soon as possible, shall submit its recommendation to the
Secretary of the  Natural  Resources Agency  pursuant to
Sections 21083 and 21084  . Following the receipt of that
recommendation, the Secretary of the  Natural  Resources
Agency may add or delete the class of projects to the list of classes
of projects designated pursuant to Section 21084 that are exempt
from the requirements of this division.
   (c) The addition or deletion of a class of projects, as provided
in this section, to the list specified in Section 21084 shall
constitute an amendment to the guidelines adopted pursuant to Section
21083 and shall be adopted in the manner prescribed in Sections
21083 and 21084. 
  SECTION 1.    Section 21167.11 is added to the
Public Resources Code, to read:
   21167.11.  Notwithstanding other provisions of law, a master
environmental impact report prepared pursuant to Article 2
(commencing with Section 21157) or a program environmental impact
report, as defined in Section 15168 of Title 14 of the California
Code of Regulations, prepared for the siting and permitting of a
renewable energy generation facility that qualifies as an eligible
renewable energy resource pursuant to the California Renewables
Portfolio Standard Program (Article 16 (commencing with Section
399.11) of Chapter 2.5 of Part 1 of Division 1 of the Public
Utilities Code) or a transmission project related to an eligible
renewable energy generation facility is not subject to judicial
review pursuant to this division.