BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 984|
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THIRD READING
Bill No: SB 984
Author: Simitian (D), et al.
Amended: 8/20/12
Vote: 21
SENATE ENVIRONMENTAL QUALITY COMMITTEE : 6-0, 3/19/12
AYES: Simitian, Blakeslee, Hancock, Kehoe, Lowenthal,
Pavley
NO VOTE RECORDED: Strickland
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SENATE FLOOR : 37-0, 4/23/12
AYES: Alquist, Anderson, Berryhill, Blakeslee, Calderon,
Cannella, Corbett, Correa, De Le�n, DeSaulnier, Emmerson,
Evans, Fuller, Gaines, Hancock, Harman, Hernandez, Huff,
Kehoe, La Malfa, Leno, Lieu, Liu, Lowenthal, Padilla,
Pavley, Price, Rubio, Simitian, Steinberg, Strickland,
Vargas, Walters, Wolk, Wright, Wyland, Yee
NO VOTE RECORDED: Dutton, Negrete McLeod, Runner
ASSEMBLY FLOOR : 77-1, 8/27/12 - See last page for vote
SUBJECT : Environmental Quality Act: records of
proceedings
SOURCE : Author
DIGEST : This bill requires under California
Environmental Quality Act (CEQA), until January 1, 2016, a
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lead agency, at the request of a project applicant, to,
among other things, prepare a record of proceedings
concurrently with the preparation of negative declarations,
mitigated negative declarations, environmental impact
reports (EIRs) or other environmental documents for
specified projects.
Assembly Amendments make clarifying changes and make the
bill contingent on the passage of AB 1570 (Perea) and
delete the urgency clause.
ANALYSIS : Existing law, under the CEQA:
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 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 (PRC) Section
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. (PRC Section
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. (PRC Section 21167.6(b)). The
plaintiff may elect to prepare the record of proceedings
or the parties may agree to an alternative method of
preparation of the record. (PRC Section21167.6(c))
3. Sets procedures relating to an "environmental leadership
development project" (ELDP) under the Jobs and Economic
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Improvement Through Environmental Leadership Act of 2011
(part of CEQA)) (PRC Section 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 (PRC Section
21186), and sunsets January 1, 2015.)
This bill:
1. Provides procedures for a lead agency to prepare and
certify the record of proceedings concurrently with the
administrative process for environmental documents, and
to promptly post all documents on the Internet. The
procedures apply upon the request of the project
applicant and consent of the lead agency, provided the
project applicant agrees to pay the lead agency's costs
of preparation.
2. Specifies that disclosure is not required for any trade
secret, location of archeological sites or sacred lands,
or any other information subject to the disclosure
restrictions in the California Public Records Act.
3. Sunsets January 1, 2016.
4. Makes enactment of this bill contingent on enactment of
AB 1570 (Perea).
Comments
Purpose of this 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 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."
Note: Refer to the Senate Environmental Quality analysis
for background concerning CEQA.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
ASSEMBLY FLOOR : 77-1, 8/27/12
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall,
Bill Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Charles Calderon, Campos,
Carter, Cedillo, Chesbro, Conway, Cook, Davis, Dickinson,
Donnelly, Eng, Feuer, Fletcher, Fong, Fuentes, Furutani,
Beth Gaines, Galgiani, Garrick, Gatto, Gordon, Gorell,
Grove, Hagman, Hall, Harkey, Hayashi, Roger Hern�ndez,
Hill, Huber, Hueso, Huffman, Jeffries, Jones, Knight,
Lara, Logue, Bonnie Lowenthal, Ma, Mansoor, Mendoza,
Miller, Mitchell, Monning, Nestande, Nielsen, Norby,
Olsen, Pan, Perea, V. Manuel P�rez, Portantino, Silva,
Skinner, Smyth, Solorio, Swanson, Torres, Valadao,
Wagner, Wieckowski, Williams, John A. P�rez
NOES: Morrell
NO VOTE RECORDED: Halderman, Yamada
DLW:k 8/28/12 Senate Floor Analyses
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SUPPORT/OPPOSITION: NONE RECEIVED
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