Bill Text: CA AB756 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: California Environmental Quality Act: judicial review: public works projects.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2014-02-03 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB756 Detail]

Download: California-2013-AB756-Amended.html

---

BILL NUMBER: AB 756	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 19, 2013

INTRODUCED BY   Assembly Member Melendez

                        FEBRUARY 21, 2013

   An act to  amend Section 21100 of   add
Chapter 7 (commencing with Section 21189.50) to Division 13 of 
the Public Resources Code, relating to environmental quality.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 756, as amended, Melendez.  Environmental quality:
 California Environmental Quality  Act. 
 Act: judicial review: public works projects.  
   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 establishes a
procedure for the preparation and certification of the record of
proceedings upon the filing of an action or proceeding challenging a
lead agency's action on the grounds of noncompliance with CEQA. 

   The Jobs and Economic Improvement Through Environmental Leadership
Act of 2011 requires that any action or proceeding alleging that a
public agency has approved or is undertaking a leadership project
certified by the Governor, as specified, in violation of CEQA be
conducted in accordance with specified streamlining benefits. The act
also requires the preparation and certification of the
administrative record for a leadership project that is certified by
the Governor to comply with certain procedures. The act requires the
draft and final EIR of a leadership project to include a specific
notice relating to required procedures for judicial actions
challenging the certification of the EIR or the approval of a project
described in the EIR.  
   This bill would also apply these provisions to a public works
project, defined to mean an infrastructure project carried out by the
city, county, or state government or contracted out to a private
entity by the local or state government. By requiring a lead agency
to use these alternative procedures in preparing and certifying the
administrative record, this bill would impose a state-mandated local
program. The bill would also authorize the Judicial Council to adopt
Rules of Court to implement these provisions.  
   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, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.  
   The California Environmental Quality Act (CEQA) requires a lead
agency, as defined, to prepare, or cause to be prepared by contract,
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, or to adopt a
negative declaration if it finds that the project will not have that
effect.  
   This bill would make technical, nonsubstantive changes to those
provisions. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program:  no
  yes  .


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

   SECTION 1.    Chapter 7 (commencing with Section
21189.50) is added to Division 13 of the   Public Resources
Code   , to read:  
      CHAPTER 7.  JUDICIAL REVIEW OF PUBLIC WORKS PROJECTS


   21189.50.  "Public works project," for purposes of this chapter,
means an infrastructure project carried out by the city, county, or
state government, or contracted out to a private entity by a city,
county, or state government. Infrastructure projects include projects
relating to transportation, such as the construction and maintenance
of roads, bridges, airports, and ports, and the placement of traffic
signs and street lights, projects relating to public-health-related
buildings such as hospitals and urgent care facilities, projects
relating to public safety buildings such as law enforcement stations
and correctional facilities, projects relating to water quality and
water waste treatment facilities and their related infrastructures,
and projects relating to electrical grid improvements, landscaping,
seismic retrofitting, and technological retrofitting.
   21189.51.  (a) Notwithstanding any other law, any action or
proceeding alleging that a public agency has approved or is
undertaking a public works project in violation of this division
shall be conducted in accordance with the following streamlining
benefits:
   (1) The action or proceeding shall be filed in the court of appeal
with geographic jurisdiction over the project.
   (2) Any party bringing a claim described in this section shall
also file concurrently any other claims alleging that a public agency
has granted land use approvals for the public works project in
violation of the law. The court of appeal shall have original
jurisdiction over all those claims.
   (3) The court of appeal shall issue its decision in the case
within 175 days of the filing of the petition.
   (4) The court may appoint a master to assist the court in managing
and processing the case.
   (5) The court may grant extensions of time only for good cause
shown and in order to promote the interests of justice.
   (b) The Judicial Council may adopt rules of court to implement
this chapter.
   21189.52.  Notwithstanding any other law, the preparation and
certification of the administrative record for a public works project
shall be performed in the following manner:
   (a) The lead agency for the project shall prepare the
administrative record pursuant to this division concurrently with the
administrative process.
   (b) All documents and other materials placed in the administrative
record shall be posted on, and be downloadable from, an Internet Web
site maintained by the lead agency commencing with the date of the
release of the draft environmental impact report.
   (c) The lead agency shall make available to the public in a
readily accessible electronic format the draft environmental impact
report and all other documents submitted to, or relied on by, the
lead agency in the preparation of the draft environmental impact
report.
   (d) A document prepared by the lead agency or submitted by the
applicant after the date of the release of the draft environmental
impact report that is a part of the record of the proceedings shall
be made available to the public in a readily accessible electronic
format within five business days after the document is released or
received by the lead agency.
   (e) The lead agency shall encourage written comments on the
project to be submitted in a readily accessible electronic format,
and shall make any comment available to the public in a readily
accessible electronic format within five days of its receipt.
   (f) Within seven business days after the receipt of any comment
that is not in an electronic format, the lead agency shall convert
that comment into a readily accessible electronic format and make it
available to the public in that format.
   (g) The lead agency shall certify the final administrative record
within five days of its approval of the project.
   (h) Any dispute arising from the administrative record shall be
resolved by the court of appeal pursuant to Section 21189.51.
   21189.53.  The draft and final environmental impact report shall
include a notice in no less than 12-point type stating the following:

   "THIS EIR IS SUBJECT TO CHAPTER 7 (COMMENCING WITH SECTION
21189.50) OF DIVISION 21 OF THE PUBLIC RESOURCES CODE, WHICH
PROVIDES, AMONG OTHER THINGS, THAT ANY JUDICIAL ACTION CHALLENGING
THE CERTIFICATION OF THE EIR OR THE APPROVAL OF THE PROJECT DESCRIBED
IN THE EIR IS SUBJECT TO THE PROCEDURES SET FORTH IN SECTION
21189.51 OF THE PUBLIC RESOURCES CODE AND MUST BE FILED WITH THE
COURT OF APPEAL. A COPY OF CHAPTER 7 OF DIVISION 21 OF THE PUBLIC
RESOURCES CODE IS INCLUDED IN THE APPENDIX TO THIS EIR."

   21189.54.  The provisions of this chapter are severable. If any
provision of this chapter or its application is held invalid, that
invalidity shall not affect other provisions or applications that can
be given effect without the invalid provision or application. 
   SEC. 2.    If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.  
  SECTION 1.    Section 21100 of the Public
Resources Code is amended to read:
   21100.  (a) A lead agency shall prepare, or cause to be prepared
by contract, and certify the completion of, an environmental impact
report on a project that it proposes to carry out or approve that may
have a significant effect on the environment. Whenever feasible, a
standard format shall be used for an environmental impact report.
   (b) The environmental impact report shall include a detailed
statement setting forth all of the following:
   (1) All significant effects on the environment of the proposed
project.
   (2) In a separate section:
   (A) Any significant effect on the environment that cannot be
avoided if the project is implemented.
   (B) Any significant effect on the environment that would be
irreversible if the project is implemented.
   (3) Mitigation measures proposed to minimize significant effects
on the environment, including, but not limited to, measures to reduce
the wasteful, inefficient, and unnecessary consumption of energy.
   (4) Alternatives to the proposed project.
   (5) The growth-inducing impact of the proposed project.
   (c) The report shall also contain a statement that briefly states
the reasons for determining that various effects on the environment
of a project are not significant and consequently have not been
discussed in detail in the environmental impact report.
   (d) For purposes of this section, any significant effect on the
environment shall be limited to substantial, or potentially
substantial, adverse changes in physical conditions which exist
within the area as defined in Section 21060.5.
   (e) Previously approved land use documents, including, but not
limited to, general plans, specific plans, and local coastal plans,
may be used in cumulative impact analysis.