BILL NUMBER: AB 1581 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 20, 2010
AMENDED IN SENATE JUNE 23, 2010
AMENDED IN ASSEMBLY APRIL 23, 2009
INTRODUCED BY Assembly Member Torres
( Principal coauthor: Senator
Correa )
MARCH 27, 2009
An act to amend Section 21083.9 , and to add and repeal
Sections 21080.27 of, of the Public Resources Code, relating to
the environment.
LEGISLATIVE COUNSEL'S DIGEST
AB 1581, as amended, Torres. Environment:
California Environmental Quality Act: notice: scoping
meeting. retail facilities: project review.
(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.
This bill would, until January 1, 2014, exempt from those CEQA
requirements a project that consists of the alteration of a vacant
retail structure that existed prior to January 1, 2008, is not more
than 120,000 square feet in area, and meets specified requirements.
CEQA
(2) CEQA also requires the lead
agency to call at least one scoping meeting for a project of
statewide, regional, or areawide significance. CEQA requires the lead
agency to provide to specified entities, including a city or county
that borders the city or county within which the project is located,
a responsible agency, a public agency with jurisdiction by law with
respect to the project, and a transportation planning agency or
public agency required to be consulted, a notice of at least one
scoping meeting.
This bill would additionally require the lead agency to provide a
notice to other entities that have filed a written request for the
notice. By requiring
(3) By imposing various additional
duties on a lead agency to provide a notice to these
entities with regard to the implementation of CEQA
requirements , this bill would increase the service provided by
a local agency, thereby creating a state-mandated local program.
(2)
(4) 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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 21080.27 is added to the
Public Resources Code , to read:
21080.27. (a) This division does not apply to a project that
consists of the alteration of a vacant retail structure that existed
prior to January 1, 2008, is not more than 120,000 square feet in
area, and meets all of the following requirements:
(1) The project improves the energy efficiency of the vacant
retail structure by an amount that is at least 25 percent more energy
efficient than the requirements of Part 6 of Title 24 of the
California Code of Regulations for those structures, as determined by
the State Energy Resources Conservation and Development Commission.
(2) The project reduces the water consumption to at least 20
percent below the previous five-year annual average consumption for
similar retail structures, as determined by the local water agency
that has jurisdiction over the water district within which the
structure is located.
(3) The project, including any replacement signage, is consistent
with any applicable general plan, specific plan, or local coastal
plan, including any mitigation measures required by the plan or
program, and any applicable zoning ordinance or local ordinance.
(b) This section does not apply to a project that increases the
size of the vacant retail structure's footprint, floor plan, or floor
area ratio.
(c) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted statute
that is enacted on or before January 1, 2014, extends or repeals
that date.
SECTION 1. SEC. 2. 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 that has filed a written request
for the notice.
(6) An entity not required to receive notice pursuant to
paragraphs (1) to (4), inclusive, that 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 National Environmental
Policy Act (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).
SEC. 2. SEC. 3. 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.