BILL ANALYSIS �
SB 984
SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
Senator S. Joseph Simitian, Chairman
2011-2012 Regular Session
BILL NO: SB 984
AUTHOR: Simitian
AMENDED: March 12, 2012
FISCAL: Yes HEARING DATE: March 19,
2012
URGENCY: Yes CONSULTANT: Randy
Pestor
SUBJECT : CALIFORNIA ENVIRONMENTAL QUALITY ACT
SUMMARY :
Existing law , under the California Environmental Quality Act:
1) Requires lead agencies with the principal responsibility
for carrying out or approving a proposed discretionary
project to prepare a negative declaration, mitigated
declaration, or environmental impact report (EIR) for this
action, unless the project is exempt from CEQA (CEQA
includes various statutory exemptions, as well as
categorical exemptions in the CEQA guidelines). (Public
Resources Code �21000 et seq.).
2) Sets requirements relating to preparation, review, comment,
approval and certification of environmental documents, as
well as procedures relating to an action or proceeding to
attack, review, set aside, void, or annul various actions
of a public agency on the grounds of noncompliance with
CEQA. At the time an action or proceeding is filed, the
plaintiff must file a request that the respondent public
agency prepare the record of proceedings, which must be
served personally upon the public agency no later than 10
business days from the date the action or proceeding was
filed. (�21167.6(a)). The public agency must prepare and
certify the record no later than 60 days from the date the
request was made by the plaintiff, and upon certification
the public agency must lodge a copy of the record with the
court. (�21167.6(b)). The plaintiff may elect to prepare
the record of proceedings or the parties may agree to an
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alternative method of preparation of the record.
(�21167.6(c)).
3) Sets procedures relating to an "environmental leadership
development project" (ELDP) under the Jobs and Economic
Improvement Through Environmental Leadership Act of 2011
(part of CEQA)) (�21178 et seq.), which also includes
requirements for preparation and certification of the
administrative record concurrently with the administrative
process and certain related requirements for an ELDP
certified by the governor. (�21186), and sunsets January
1, 2015.
This bill :
1) Requires the lead agency for a project to prepare and
certify the record of proceedings concurrently with the
administrative process for certain environmental documents
under specified circumstances, and includes certain related
requirements.
2) Makes corresponding technical and clarifying amendments.
3) Contains an urgency clause.
4) Sunsets January 1, 2016.
COMMENTS :
1) Purpose of Bill . AB 900 (Buchanan and Gordon) Chapter 354,
Statutes of 2011 enacted The Jobs and Economic Improvement
Through Environmental Leadership Act of 2011, to set
procedures relating to an "environmental leadership
development project" (ELDP) selected by the governor. An
ELDP must meet certain requirements, the record of
proceedings must be prepared concurrently with the
administrative process, and any action alleging that the
lead agency has approved a project in violation of CEQA
must meet certain requirements (e.g., filing the action in
the Court of Appeal with geographic jurisdiction over the
project, the Court of Appeal must issue a decision in 175
days).
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According to the author, "Since enactment of The Jobs and
Economic Improvement Through Environmental Leadership Act
of 2011, there is interest by various parties to provide
for the record of proceedings to be prepared concurrently
with the administrative process for certain other projects
at the request of the applicant to save a great deal of
time in the event that a party challenges the project."
The author notes that "Because SB 984 applies to a broader
range of environmental documents and projects, amendments
were needed that are not part of the AB 900 procedures to
address concerns of various interests."
According to the author, "By posting information on the
lead agency's Internet website and making written comments
available in an electronic format, SB 984 also avoids the
potential for late project comments."
2) Brief background on CEQA . CEQA provides a process for
evaluating the environmental effects of a project, and
includes statutory exemptions, as well as categorical
exemptions in the CEQA guidelines. If a project is not
exempt from CEQA, an initial study is prepared to determine
whether a project may have a significant effect on the
environment. If the initial study shows that there would
not be a significant effect on the environment, the lead
agency must prepare a negative declaration. If the initial
study shows that the project may have a significant effect
on the environment, the lead agency must prepare an EIR.
Generally, an EIR must accurately describe the proposed
project, identify and analyze each significant
environmental impact expected to result from the proposed
project, identify mitigation measures to reduce those
impacts to the extent feasible, and evaluate a range of
reasonable alternatives to the proposed project. Prior to
approving any project that has received environmental
review, an agency must make certain findings. If
mitigation measures are required or incorporated into a
project, the agency must adopt a reporting or monitoring
program to ensure compliance with those measures.
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If a mitigation measure would cause one or more significant
effects in addition to those that would be caused by the
proposed project, the effects of the mitigation measure
must be discussed but in less detail than the significant
effects of the proposed project.
3) Responding to concerns and clarifying issues . The SB 984
record of proceedings procedures differ from the AB 900
procedures in certain matters. For example:
a) AB 900 applies to an ELDP project (which requires an
EIR), while SB 984 applies to EIRs, negative
declarations, mitigated negative declarations, and other
environmental projects for a broader range of projects
(i.e., projects of statewide, regional, or areawide
significance; environmental documents prepared under SB
375 (Steinberg) Chapter 728, Statutes of 2008, and
infill projects under SB 226 (Simitian) Chapter 469,
Statutes of 2011; any other project with the consent of
the lead agency).
b) AB 900 procedures are triggered by application to the
governor for approval of an ELDP project, while SB 984
is triggered at the request of an applicant to the lead
agency no later than 30 days after the date the lead
agency determines that a particular type of
environmental document is required for the project.
c) AB 900 and SB 984 require documents placed in the
record of proceedings to be posted on the lead agency's
Internet website, while SB 984 also allows the lead
agency to provide a link on the agency's Internet
website to the information if the lead agency cannot
maintain an Internet website with the information.
d) AB 900 requires the lead agency to make any comment
available to the public in a readily accessible
electronic format within 5 days of its receipt, while SB
984 requires comments to be available in this format
within 5 business days of its receipt.
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e) AB 900 requires the lead agency to certify the record
of proceedings within 5 days of its approval of the
project, while SB 984 requires certification within 30
days after filing the notice of determination for the
project.
f) AB 900 requires a notice in the draft and final EIR
that the project is subject to the AB 900 requirements,
including Court of Appeal filing requirements, while the
SB 984 notice requirement applies to the broader range
of environmental documents and focuses on record of
proceedings matters (since SB 984 does not contain Court
of Appeal and other AB 900 requirements).
g) AB 900 and SB 984 require the project applicant to
reimburse the lead agency for costs incurred to comply
with requirements of the bills, while SB 984 clarifies
that a plaintiff or petitioner, if any, is not required
to pay these costs (because the record of proceedings is
being prepared during the administrative process at the
request of the applicant).
h) AB 900 sunsets January 1, 2015, and SB 984 sunsets
January 1, 2016.
SOURCE : Senators Simitian, Steinberg, and Strickland
SUPPORT : None on file
OPPOSITION : None on file