Bill Text: CA SB743 | 2013-2014 | Regular Session | Amended

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

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Bill Title: Environmental quality: transit oriented infill projects, judicial review streamlining for environmental leadership development projects, and entertainment and sports center in the City of Sacramento.

Spectrum: Slight Partisan Bill (Democrat 6-3)

Status: (Passed) 2013-09-27 - Chaptered by Secretary of State. Chapter 386, Statutes of 2013. [SB743 Detail]

Download: California-2013-SB743-Amended.html

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BILL NUMBER: SB 743	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  SEPTEMBER 6, 2013

INTRODUCED BY    Senators   Steinberg
    and Padilla  
Senator   Steinberg 
    (   Coauthors:   Senators  
Gaines,   Galgiani,   Nielsen,   and Wolk
  ) 
    (   Coauthors:   Assembly Members 
 Cooley,   Dickinson,   Logue,   and
Pan   ) 

                        FEBRUARY 22, 2013

    An act to amend Section 739.1 of the Public Utilities
Code, relating to electricity.   An act to amend
Sections 21181, 21186, 21187, 21189.1, and 21189.3 of, to repeal and
add Section 21185 of, and to add and repeal Section 21168.6.6 of, the
Public Resources Code, relating to environmental quality. 


	LEGISLATIVE COUNSEL'S DIGEST


   SB 743, as amended, Steinberg.  Electricity: rates.
  Environmental quality: judicial review streamlining
for environmental leadership development projects and entertainment
and   sports center in the City of Sacramento.  
   (1) The Jobs and Economic Improvement Through Environmental
Leadership Act of 2011 requires a party bringing an action or
proceeding alleging that a lead agency's approval of a project
certified by the Governor as an environmental leadership development
project is in violation of the California Environmental Quality Act
to file the action or proceeding with the Court of Appeal with
geographic jurisdiction over the project and requires the Court of
Appeal to issue its decision within 175 days of the filing of the
petition. The Jobs and Economic Improvement Through Environmental
Leadership Act of 2011 requires the lead agency to concurrently
prepare the record of proceeding for the leadership project with the
review and consideration of the project. The Jobs and Economic
Improvement Through Environmental Leadership Act of 2011 provides
that the above provision does not apply to a project for which a lead
agency fails to certify an environmental impact report on or before
June 1, 2014. The Jobs and Economic Improvement Through Environmental
Leadership Act of 2011 is repealed by its own terms on January 1,
2015.  
   This bill would instead require the Judicial Council, on or before
July 1, 2014, to adopt a rule of court to establish procedures
applicable to actions or proceedings seeking judicial review of a
public agency's action in certifying the environmental impact report
and in granting project approval that requires the actions or
proceedings, including any appeals therefrom, be resolved, to the
extent feasible, within 270 days of the certification of the record
of proceedings. The bill would extend the operation of the judicial
review procedures unless the lead agency fails to certify an
environmental impact report for an environmental leadership project
on or before January 1, 2016. The bill would provide that the above
provisions do not apply to a project if the Governor does not certify
the project as an environmental leadership development project prior
to January 1, 2016. Because this bill would extend the time period
for which a lead agency would be required to concurrently prepare the
record of proceeding with the review and consideration of the
environmental leadership development projects, this bill would impose
a state-mandated local program. The bill would require the lead
agency, within 10 days of the Governor's certification, to issue, at
the applicant's expense, a specified public notice, thereby imposing
a state-mandated local program. The bill would repeal the Jobs and
Economic Improvement Through Environmental Leadership Act of 2011 on
January 1, 2017.  
   (2) The California Environmental Quality Act, commonly known as
CEQA, requires a lead agency, as defined, to prepare, or cause to be
prepared, 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 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
establishes a procedure by which a person may seek judicial review of
the decision of the lead agency made pursuant to CEQA.  
   This bill would require the public agency, in certifying the
environmental impact report and in granting approvals for a specified
entertainment and sports center project located in the City of
Sacramento, including the concurrent preparation of the record of
proceedings and the certification of the record of proceeding within
5 days of the filing of a specified notice, to comply with specified
procedures. Because a public agency would be required to comply with
those new procedures, this bill would impose a state-mandated local
program. The bill would require the Judicial Council, on or before
July 1, 2014, to adopt a rule of court to establish procedures
applicable to actions or proceedings seeking judicial review of a
public agency's action in certifying the environmental impact report
and in granting project approval that requires the actions or
proceedings, including any appeals therefrom, be resolved, to the
extent feasible, within 270 days of the certification of the record
of proceedings. The bill would provide that the above provisions are
inoperative and repealed on January 1 of the following year if the
applicant fails to notify the lead agency before the release of the
draft environmental impact report for public comment that the
applicant is electing to proceed pursuant to the above provisions.
 
   This bill would make findings and declarations as to the necessity
of a special statute for the City of Sacramento.  
   (3) 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.  
   Under existing law, the Public Utilities Commission has regulatory
authority over public utilities, including electrical corporations,
as defined. Existing law authorizes the commission to fix the rates
and charges for every public utility, and requires that those rates
and charges be just and reasonable. Existing law requires the
commission to designate a baseline quantity of electricity and gas
necessary to supply a significant portion of the reasonable energy
needs of the average residential customer and requires that
electrical and gas corporations file rates and charges, to be
approved by the commission, providing baseline rates. Existing law
requires the commission to establish a program of assistance to
specified low-income electric and gas customers, referred to as the
California Alternate Rates for Energy (CARE) program. 

   Existing law revises certain prohibitions upon raising residential
electrical rates adopted during the energy crisis of 2000-01, to
authorize the commission to increase the rates in effect for CARE
program participants for electricity usage up to 130% of baseline
quantities by the annual percentage increase in benefits under the
CalWORKs program, as defined, not to exceed 3%, and subject to the
limitation that the CARE rates not exceed 80% of the corresponding
rates charged to residential customers not participating in the CARE
program.  
   This bill would replace the existing authorization to increase
CARE rates based upon the annual percentage increase in benefits
under the CalWORKs program and instead authorize the commission to
increase the rates in effect for CARE program participants for
electricity usage up to 130% of baseline quantities by the annual
percentage increase of the Consumer Price Index from the prior year
but not to exceed 4% per year, and subject to the limitation that the
CARE rates not exceed 80% of the corresponding rates charged to
residential customers not participating in the CARE program.

   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program:  no   yes  .


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

   SECTION 1.    The Legislature finds and declares all
of the following:  
   (a) The Federal Reserve has stated that "  m]ost policymakers
estimate the longer-run normal rate of unemployment is between 5.2
and 6 percent." At 7.6 percent, the current United States
unemployment rate remains markedly higher than the normal rate and
both the unemployment rates in Sacramento County and California are
higher than the current national unemployment rate.  
   (b) The California Environmental Quality Act (Division 13
(commencing with Section 21000) of the Public Resources Code)
requires that the environmental impacts of development projects be
identified and mitigated. The act also guarantees the public an
opportunity to review and comment on the environmental impacts of a
project and to participate meaningfully in the development of
mitigation measures for potentially significant environmental
impacts.  
   (c) The existing home of the City of Sacramento's National
Basketball Association (NBA) team, the Sleep Train Arena, is an old
and outmoded facility located outside of the City of Sacramento's
downtown area and is not serviced by the region's existing heavy and
light rail transportation networks. It was constructed 25 years ago
and a new, more efficient entertainment and sports center located in
downtown Sacramento is needed to meet the city's and region's needs.
 
   (d) The City of Sacramento and the region would greatly benefit
from the addition of a multipurpose event center capable of hosting a
wide range of events including exhibitions, conventions, sporting
events, as well as musical, artistic, and cultural events in downtown
Sacramento.  
   (e) The proposed entertainment and sports center project is a
public-private partnership between the City of Sacramento and the
applicant that will result in the construction of a new
state-of-the-art multipurpose event center, and surrounding infill
development in downtown Sacramento as described in the notice of
preparation released by the City of Sacramento on April 12, 2013.
 
   (f) The project will generate over 4,000 full-time jobs including
employees hired both during construction and operation of the
entertainment and sports center project. This employment estimate
does not include the substantial job generation that will occur with
the surrounding development uses, which will generate additional
hospitality, office, restaurant, and retail jobs in Sacramento's
downtown area.  
   (g) The project also presents an unprecedented opportunity to
implement innovative measures that will significantly reduce traffic
and air quality impacts and mitigate the greenhouse gas emissions
resulting from the project. The project site is located in downtown
Sacramento near heavy and light rail transit facilities, situated to
maximize opportunities to encourage nonautomobile modes of travel to
the entertainment and sports center project, and is consistent with
the policies and regional vision included in the Sustainable
Communities Strategy adopted pursuant to Chapter 728 of the Statutes
of 2008 by the Sacramento Area Council of Governments in April of
2012. The project is also located within close proximity to three
major infill development areas including projects (The Bridge
District, Railyards, and Township Nine) that received infill
infrastructure grants from the state pursuant to Proposition 1C.
 
   (h) It is in the interest of the state to expedite judicial review
of the entertainment and sports center project, as appropriate,
while protecting the environment and the right of the public to
review, comment on, and, if necessary, seek judicial review of, the
adequacy of the environmental impact report for the project. 
   SEC. 2.    Section 21168.6.6 is added to the 
 Public Resources Code   , to read:  
   21168.6.6.  (a) For the purposes of this section, the following
definitions shall have the following meanings:
   (1) "Applicant" means a private entity or its affiliates that
proposes the project and its successors, heirs, and assignees.
   (2) "City" means the City of Sacramento.
   (3) "Downtown arena" means an arena that is constructed to meet
the standards required for Leadership in Energy and Environmental
Design (LEED) silver certification or better by the United States
Green Building Council, associated public spaces, and facility and
infrastructure for ingress, egress, and use of the arena facility
from demolition and site preparation through operation proposed as
part of the entertainment and sports center project that will become
the new home to the City of Sacramento's National Basketball
Association (NBA) team.
   (4) "Entertainment and sports center project" or "project" means a
project that substantially conforms to the project description for
the entertainment and sports center project set forth in the notice
of preparation released by the City of Sacramento on April 12, 2013.
   (b) The city may prosecute an eminent domain action associated
with the downtown arena through order of possession pursuant to the
Eminent Domain Law (Title 7 (commencing with Section 1230.010) of
Part 3 of the Code of Civil Procedure) prior to certification of the
environmental impact report on the project.
   (c) Notwithstanding any other law, the procedures established
pursuant to subdivision (d) shall apply to an action or proceeding
brought to attack, review, set aside, void, or annul the
certification of the environmental impact report for the project or
the granting of any project approvals.
   (d) On or before July 1, 2014, the Judicial Council shall adopt a
rule of court to establish procedures applicable to actions or
proceedings brought to attack, review, set aside, void, or annul the
certification of the environmental impact report for the project or
the granting of any project approvals that require the actions or
proceedings, including any potential appeals therefrom, be resolved,
to the extent feasible, within 270 days of certification of the
record of proceedings pursuant to subdivision (f).
   (e) (1) The draft and final environmental impact report shall
include a notice in not less than 12-point type stating the
following:

   THIS EIR IS SUBJECT TO SECTION 21168.6.6 OF THE PUBLIC RESOURCES
CODE, WHICH PROVIDES, AMONG OTHER THINGS, THAT THE LEAD AGENCY NEED
NOT CONSIDER CERTAIN COMMENTS FILED AFTER THE CLOSE OF THE PUBLIC
COMMENT PERIOD FOR THE DRAFT EIR. 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 21168.6.6
OF THE PUBLIC RESOURCES CODE. A COPY OF SECTION 21168.6.6 OF THE
PUBLIC RESOURCES CODE IS INCLUDED IN THE APPENDIX TO THIS EIR.

   (2) The draft environmental impact report and final environmental
impact report shall contain, as an appendix, the full text of this
section.
   (3) Within 10 days after the release of the draft environmental
impact report, the lead agency shall conduct an informational
workshop to inform the public of the key analyses and conclusions of
that report.
   (4) Within 10 days before the close of the public comment period,
the lead agency shall hold a public hearing to receive testimony on
the draft environmental impact report. A transcript of the hearing
shall be included as an appendix to the final environmental impact
report.
   (5) (A) Within five days following the close of the public comment
period, a commenter on the draft environmental impact report may
submit to the lead agency a written request for nonbinding mediation.
The lead agency and applicant shall participate in nonbinding
mediation with all commenters who submitted timely comments on the
draft environmental impact report and who requested the mediation.
Mediation conducted pursuant to this paragraph shall end no later
than 35 days after the close of the public comment period.
   (B) A request for mediation shall identify all areas of dispute
raised in the comment submitted by the commenter that are to be
mediated.
   (C) The lead agency shall select one or more mediators who shall
be retired judges or recognized experts with at least five years
experience in land use and environmental law or science, or
mediation. The applicant shall bear the costs of mediation.
   (D) A mediation session shall be conducted on each area of dispute
with the parties requesting mediation on that area of dispute.
   (E) The lead agency shall adopt, as a condition of approval, any
measures agreed upon by the lead agency, the applicant, and any
commenter who requested mediation. A commenter who agrees to a
measure pursuant to this subparagraph shall not raise the issue
addressed by that measure as a basis for an action or proceeding
challenging the lead agency's decision to certify the environmental
impact report or to grant one or more initial project approvals.
   (6) The lead agency need not consider written comments submitted
after the close of the public comment period, unless those comments
address any of the following:
   (A) New issues raised in the response to comments by the lead
agency.
   (B) New information released by the public agency subsequent to
the release of the draft environmental impact report, such as new
information set forth or embodied in a staff report, proposed permit,
proposed resolution, ordinance, or similar documents.
   (C) Changes made to the project after the close of the public
comment period.
   (D) Proposed conditions for approval, mitigation measures, or
proposed findings required by Section 21081 or a proposed reporting
and monitoring program required by paragraph (1) of subdivision (a)
of Section 21081.6, where the lead agency releases those documents
subsequent to the release of the draft environmental impact report.
   (E) New information that was not reasonably known and could not
have been reasonably known during the public comment period.
   (7) The lead agency shall file the notice required by subdivision
(a) of Section 21152 within five days after the last initial project
approval.
   (f) (1) The lead agency shall prepare and certify the record of
the proceedings in accordance with this subdivision and in accordance
with Rule 3.1365 of the California Rules of Court. The applicant
shall pay the lead agency for all costs of preparing and certifying
the record of proceedings.
   (2) No later than three business days following the date of the
release of the draft environmental impact report, 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. 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 prepared or received by the lead agency.
   (3) Notwithstanding paragraph (2), documents submitted to or
relied on by the lead agency that were not prepared specifically for
the project and are copyright protected are not required to be made
readily accessible in an electronic format. For those copyright
protected documents, the lead agency shall make an index of these
documents available in an electronic format no later than the date of
the release of the draft environmental impact report, or within five
business days if the document is received or relied on by the lead
agency after the release of the draft environmental impact report.
The index must specify the libraries or lead agency offices in which
hardcopies of the copyrighted materials are available for public
review.
   (4) The lead agency shall encourage written comments on the
project to be submitted in a readily accessible electronic format,
and shall make any such comment available to the public in a readily
accessible electronic format within five days of its receipt.
   (5) 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.
   (6) The lead agency shall indicate in the record of the
proceedings comments received that were not considered by the lead
agency pursuant to paragraph (6) of subdivision (e) and need not
include the content of the comments as a part of the record.
   (7) Within five days after the filing of the notice required by
subdivision (a) of Section 21152, the lead agency shall certify the
record of the proceedings for the approval or determination and shall
provide an electronic copy of the record to a party that has
submitted a written request for a copy. The lead agency may charge
and collect a reasonable fee from a party requesting a copy of the
record for the electronic copy, which shall not exceed the reasonable
cost of reproducing that copy.
   (8) Within 10 days after being served with a complaint or a
petition for a writ of mandate, the lead agency shall lodge a copy of
the certified record of proceedings with the superior court.
   (9) Any dispute over the content of the record of the proceedings
shall be resolved by the superior court. Unless the superior court
directs otherwise, a party disputing the content of the record shall
file a motion to augment the record at the time it files its initial
brief.
   (10) The contents of the record of proceedings shall be as set
forth in subdivision (e) of Section 21167.6.
   (g) As a condition of approval of the project subject to this
section, the lead agency shall require the applicant, with respect to
any measures specific to the operation of the project, to implement
those measures that will meet the requirements of this division by
the end of the first NBA season during which an NBA team has played
at the downtown arena. To maximize public health, environmental, and
employment benefits, the lead agency shall place the highest priority
on feasible measures that will reduce greenhouse gas emissions on
the downtown arena site and in the neighboring communities of the
downtown arena. Offset credits shall be employed by the applicant
only after feasible local emission reduction measures have been
implemented. The applicant shall, to the extent feasible, place the
highest priority on the purchase of offset credits that produce
emission reductions within the city or the boundaries of the
Sacramento Metropolitan Air Quality Management District.
   (h) (1) (A) In granting relief in an action or proceeding brought
pursuant to this section, the court shall not stay or enjoin the
construction or operation of the downtown arena unless the court
finds either of the following:
   (i) The continued construction or operation of the downtown arena
presents an imminent threat to the public health and safety.
   (ii) The downtown arena site contains unforeseen important Native
American artifacts or unforeseen important historical,
archaeological, or ecological values that would be materially,
permanently, and adversely affected by the continued construction or
operation of the downtown arena unless the court stays or enjoins the
construction or operation of the downtown arena.
   (B) If the court finds that clause (i) or (ii) is satisfied, the
court shall only enjoin those specific activities associated with the
downtown arena that present an imminent threat to public health and
safety or that materially, permanently, and adversely affect
unforeseen important Native American artifacts or unforeseen
important historical, archaeological, or ecological values.
   (2) In granting relief associated with the downtown arena in an
action or proceeding brought pursuant to this section, the court
shall enter an order mandating that the public agency conduct further
environmental review, including consideration of additional feasible
mitigation measures where available and necessary to bring the
determination, finding, or decision into compliance with this
division.
   (3) Paragraphs (1) and (2) set forth the sole remedies available
in an action or proceeding brought pursuant to this section
challenging the downtown arena and no provision of law that is
inconsistent or conflicts with this subdivision shall apply to an
action or proceeding subject to this section.
   (4) Where an action or proceeding brought pursuant to this section
challenges aspects of the project other than the downtown arena and
those portions or specific project activities are severable from the
downtown arena, the court may enter an order as to aspects of the
project other than the downtown arena that includes one or more of
the remedies set forth in Section 21168.9.
   (i) The provisions of this section are severable. If any provision
of this section 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.
   (j) (1) This section does not apply to the project and shall
become inoperative on the date of the release of the draft
environmental impact report and is repealed on January 1 of the
following year, if the applicant fails to notify the lead agency
prior to the release of the draft environmental impact report for
public comment that the applicant is electing to proceed pursuant to
this section.
   (2) The lead agency shall notify the Secretary of State if the
applicant fails to notify the lead agency of its election to proceed
pursuant to this section. 
   SEC. 3.   Section 21181 of the   Public
Resources Code   is amended to read: 
   21181.  This chapter does not apply to a project if the 
applicant fails to notify a lead agency prior to the release of the
draft environmental impact report for public comment that the
applicant is electing to proceed pursuant to this chapter. The lead
agency shall notify the Secretary of the Natural Resources Agency if
the applicant fails to provide notification pursuant to this section.
  Governor does not certify a project as an
environmental leadership development project eligible for
streamlining provided pursuant to this chapter prior to January 1,
2016. 
   SEC. 4.    Section 21185 of the   Public
Resources Code   is repealed.  
   21185.  (a) Notwithstanding any other law, any action or
proceeding alleging that a public agency or has approved or is
undertaking a leadership project certified by the Governor 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 such a claim shall also file concurrently
any other claims alleging that a public agency has granted land use
approvals for the leadership 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) On or before July 1, 2012, the Judicial Council shall adopt
Rules of Court to implement this chapter. 
   SEC. 5.    Section 21185 is added to the  
Public Resources Code   , to read:  
   21185.  On or before July 1, 2014, the Judicial Council shall
adopt a rule of court to establish procedures applicable to actions
or proceedings brought to attack, review, set aside, void, or annul
the certification of the environmental impact report for an
environmental leadership development project certified by the
Governor pursuant to this chapter or the granting of any project
approvals that require the actions or proceedings, including any
potential appeals therefrom, be resolved, to the extent feasible,
within 270 days of certification of the record of proceedings
pursuant to Section 21186. 
   SEC. 6.    Section 21186 of the  Public
Resources Code   is amended to read: 
   21186.  Notwithstanding any other law, the preparation and
certification of the administrative record for a leadership project
certified by the Governor 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) Notwithstanding paragraphs (b) to (f), inclusive, documents
submitted to or relied on by the lead agency that were not prepared
specifically for the project and are copyright protected are not
required to be made readily accessible in an electronic format. For
those copyright-protected documents, the lead agency shall make an
index of these documents available in an electronic format no later
than the date of the release of the draft environmental impact
report, or within five business days if the document is received or
relied on by the lead agency after the release of the draft
environmental impact report. The index must specify the libraries or
lead agency offices in which hardcopies of the copyrighted materials
are available for public review.  
   (g) 
    (h)  The lead agency shall certify the final
administrative record within five days of its approval of the
project. 
   (h) 
    (i)  Any dispute arising from the administrative record
shall be resolved by the  Court of Appeal pursuant to Section
21185.   superior court. Unless the superior court
directs otherwise, a party disputing the content of the record shall
file a motion to augment the record at the time it files its initial
brief.  
   (j) The contents of the record of proceedings shall be as set
forth in subdivision (e) of Section 21167.6. 
   SEC. 7.    Section 21187 of the   Public
Resources Code   is amended to read: 
                          21187.   The draft and final
environmental impact report shall include a   Within 10
days of the Governor certifying an environmental leadership
development project pursuant to this section, the lead agency shall,
at the applicant's expense, issue a public  notice in no less
than 12-point type stating the following:

   "THIS EIR IS SUBJECT TO 
    "THE   APPLICANT HAS ELECTED TO PROCEED UNDER 
CHAPTER 6.5 (COMMENCING WITH SECTION 21178) 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 21178.2   SECTIONS 21185 TO 21186,
INCLUSIVE,  OF THE PUBLIC RESOURCES  CODE AND MUST BE
FILED WITH THE COURT OF APPEAL.   CODE.  A COPY OF
CHAPTER 6.5  (COMMENCING WITH SECTION 21178)  OF THE PUBLIC
RESOURCES CODE IS INCLUDED  IN THE APPENDIX TO THIS EIR."
  BELOW." 

   The public notice shall be distributed by the lead agency as
required for public notices issued pursuant to paragraph (3) of
subdivision (b) of Section 21092. 
   SEC. 8.    Section 21189.1 of the   Public
Resources Code   is amended to read: 
   21189.1.   (a)    If  ,
prior to January 1, 2016,  a lead agency fails to 
certify an environmental impact report for a leadership 
 approve a  project  subject to this chapter on or
before June 1, 2014, this chapter shall not apply to that project.
The lead agency shall notify the Secretary of the Natural Resources
Agency by July 1, 2014, if an environmental impact report subject to
this chapter has not been certified by that date.  
certified by the Governor pursuant to this chapter, then the
certification expires and is no longer valid.  
   (b) If, prior to June 1, 2014, a certification issued pursuant to
this chapter has not been used or the time period during which an
action or proceeding, for purposes of Section 21185, may be filed
under this chapter has not elapsed, the certification expires and is
no longer valid. 
   SEC. 9.    Section 21189.3 of the   Public
Resources Code   is amended to read: 
   21189.3.  This chapter shall remain in effect until January 1,
 2015,   2017,  and as of that date is
repealed unless a later enacted statute extends or repeals that date.

   SEC. 10.    With respect to certain provisions of
this measure, the Legislature finds and declares that a special law
is necessary and that a general law cannot be made applicable within
the meaning of Section 16 of Article IV of the California
Constitution because of the unique need for the development of an
entertainment and sports center project in the City of Sacramento in
an expeditious manner. 
   SEC. 11.    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.  
       
  SECTION 1.    Section 739.1 of the Public
Utilities Code is amended to read:
   739.1.  (a) As used in this section, the following terms have the
following meanings:
   (1) "Baseline quantity" has the same meaning as defined in Section
739.
   (2) "California Solar Initiative" means the program providing
ratepayer funded incentives for eligible solar energy systems adopted
by the commission in Decision 05-12-044 and Decision 06-01-024, as
modified by Article 1 (commencing with Section 2851) of Chapter 9 of
Part 2 and Chapter 8.8 (commencing with Section 25780) of Division 15
of the Public Resources Code.
   (3) "Public goods charge" means the nonbypassable separate rate
component imposed pursuant to Article 7 (commencing with Section 381)
of Chapter 2.3 and the nonbypassable system benefits charge imposed
pursuant to the Reliable Electric Service Investments Act (Article 15
(commencing with Section 399) of Chapter 2.3).
   (b) (1) The commission shall establish a program of assistance to
low-income electric and gas customers with annual household incomes
that are no greater than 200 percent of the federal poverty guideline
levels, the cost of which shall not be borne solely by any single
class of customer. The program shall be referred to as the California
Alternate Rates for Energy or CARE program. The commission shall
ensure that the level of discount for low-income electric and gas
customers correctly reflects the level of need.
   (2) The commission may, subject to the limitation in paragraph
(4), increase the rates in effect for CARE program participants for
electricity usage up to 130 percent of baseline quantities by the
annual percentage increase in the Consumer Price Index from the prior
year but not to exceed 4 percent per year. For purposes of this
subdivision, the annual percentage change in the Consumer Price Index
shall be calculated using the same formula that was used to
determine the annual Social Security Cost of Living Adjustment on
January 1, 2008.
   (3) Beginning January 1, 2019, the commission may, subject to the
limitation in paragraph (4), establish rates for CARE program
participants pursuant to this section and Sections 739 and 739.9,
subject to both of the following:
   (A) The requirements of subdivision (b) of Section 382 that the
commission ensure that low-income ratepayers are not jeopardized or
overburdened by monthly energy expenditures.
   (B) The requirement that the level of the discount for low-income
electricity and gas ratepayers correctly reflects the level of need
as determined by the needs assessment conducted pursuant to
subdivision (d) of Section 382.
   (4) Tier 1, tier 2, and tier 3 CARE rates shall not exceed 80
percent of the corresponding tier 1, tier 2, and tier 3 rates charged
to residential customers not participating in the CARE program,
excluding any Department of Water Resources bond charge imposed
pursuant to Division 27 (commencing with Section 80000) of the Water
Code, the CARE surcharge portion of the public goods charge, any
charge imposed pursuant to the California Solar Initiative, and any
charge imposed to fund any other program that exempts CARE
participants from paying the charge.
   (5) Rates charged to CARE program participants shall not have more
than three tiers. An electrical corporation that does not have a
tier 3 CARE rate may introduce a tier 3 CARE rate that, in order to
moderate the impact on program participants whose usage exceeds 130
percent of baseline quantities, shall be phased in to 80 percent of
the corresponding rates charged to residential customers not
participating in the CARE program, excluding any Department of Water
Resources bond charge imposed pursuant to Division 27 (commencing
with Section 80000) of the Water Code, the CARE surcharge portion of
the public goods charge, any charge imposed pursuant to the
California Solar Initiative, and any other charge imposed to fund a
program that exempts CARE participants from paying the charge. For an
electrical corporation that does not have a tier 3 CARE rate that
introduces a tier 3 CARE rate, the initial rate shall be no more than
150 percent of the CARE baseline rate. Any additional revenues
collected by an electrical corporation resulting from the adoption of
a tier 3 CARE rate shall, until the utility's next periodic general
rate case review of cost allocation and rate design, be credited to
reduce rates of residential ratepayers not participating in the CARE
program with usage above 130 percent of baseline quantities.
   (c) The commission shall work with electrical and gas corporations
to establish penetration goals. The commission shall authorize
recovery of all administrative costs associated with the
implementation of the CARE program that the commission determines to
be reasonable, through a balancing account mechanism. Administrative
costs shall include, but are not limited to, outreach, marketing,
regulatory compliance, certification and verification, billing,
measurement and evaluation, and capital improvements and upgrades to
communications and processing equipment.
   (d) The commission shall examine methods to improve CARE
enrollment and participation. This examination shall include, but
need not be limited to, comparing information from CARE and the
Universal Lifeline Telephone Service (ULTS) to determine the most
effective means of utilizing that information to increase CARE
enrollment, automatic enrollment of ULTS customers who are eligible
for the CARE program, customer privacy issues, and alternative
mechanisms for outreach to potential enrollees. The commission shall
ensure that a customer consents prior to enrollment. The commission
shall consult with interested parties, including ULTS providers, to
develop the best methods of informing ULTS customers about other
available low-income programs, as well as the best mechanism for
telephone providers to recover reasonable costs incurred pursuant to
this section.
   (e) (1) The commission shall improve the CARE application process
by cooperating with other entities and representatives of California
government, including the California Health and Human Services Agency
and the Secretary of California Health and Human Services, to ensure
that all gas and electric customers eligible for public assistance
programs in California that reside within the service territory of an
electrical corporation or gas corporation, are enrolled in the CARE
program. To the extent practicable, the commission shall develop a
CARE application process using the existing ULTS application process
as a model. The commission shall work with public utility electrical
and gas corporations and the Low-Income Oversight Board established
in Section 382.1 to meet the low-income objectives in this section.
   (2) The commission shall ensure that an electrical corporation or
gas corporation with a commission-approved program to provide
discounts based upon economic need in addition to the CARE program,
including a Family Electric Rate Assistance program, utilize a single
application form, to enable an applicant to alternatively apply for
any assistance program for which the applicant may be eligible. It is
the intent of the Legislature to allow applicants under one program,
that may not be eligible under that program, but that may be
eligible under an alternative assistance program based upon economic
need, to complete a single application for any commission-approved
assistance program offered by the public utility.
   (f) The commission's program of assistance to low-income electric
and gas customers shall, as soon as practicable, include nonprofit
group living facilities specified by the commission, if the
commission finds that the residents in these facilities substantially
meet the commission's low-income eligibility requirements and there
is a feasible process for certifying that the assistance shall be
used for the direct benefit, such as improved quality of care or
improved food service, of the low-income residents in the facilities.
The commission shall authorize utilities to offer discounts to
eligible facilities licensed or permitted by appropriate state or
local agencies, and to facilities, including women's shelters,
hospices, and homeless shelters, that may not have a license or
permit but provide other proof satisfactory to the utility that they
are eligible to participate in the program.
   (g) It is the intent of the Legislature that the commission ensure
CARE program participants are afforded the lowest possible electric
and gas rates and, to the extent possible, are exempt from additional
surcharges attributable to the energy crisis of 2000-01.
   (h) (1) In addition to existing assessments of eligibility, an
electrical corporation may require proof of income eligibility for
those CARE program participants whose electricity usage, in any
monthly or other billing period, exceeds 400 percent of baseline
usage. The authority of an electrical corporation to require proof of
income eligibility is not limited by the means by which the CARE
program participant enrolled in the program, including if the
participant was automatically enrolled in the CARE program because of
participation in a governmental assistance program. If a CARE
program participant's electricity usage exceeds 400 percent of
baseline usage, the electrical corporation may require the CARE
program participant to participate in the Energy Savings Assistance
Program (ESAP), which includes a residential energy assessment, in
order to provide the CARE program participant with information and
assistance in reducing his or her energy usage. Continued
participation in the CARE program may be conditioned upon the CARE
program participant agreeing to participate in ESAP within 45 days of
notice being given by the electrical corporation pursuant to this
paragraph. The electrical corporation may require the CARE program
participant to notify the utility of whether the residence is rented,
and if so, a means by which to contact the landlord, and the
electrical corporation may share any evaluation and recommendation
relative to the residential structure that is made as part of an
energy assessment, with the landlord of the CARE program participant.
Requirements imposed pursuant to this paragraph shall be consistent
with procedures adopted by the commission.
   (2) If a CARE program participant's electricity usage exceeds 600
percent of baseline usage, the electrical corporation shall require
the CARE program participant to participate in ESAP, which includes a
residential energy assessment, in order to provide the CARE program
participant with information and assistance in reducing his or her
energy usage. Continued participation in the CARE program shall be
conditioned upon the CARE program participant agreeing to participate
in ESAP within 45 days of a notice made by the electrical
corporation pursuant to this paragraph. The electrical corporation
may require the CARE program participant to notify the utility of
whether the residence is rented, and if so, a means by which to
contact the landlord, and the electrical corporation may share any
evaluation and recommendation relative to the residential structure
that is made as part of an energy assessment, with the landlord of
the CARE program participant. Following the completion of the energy
assessment, if the CARE program participant's electricity usage
continues to exceed 600 percent of baseline usage, the electrical
corporation may remove the CARE program participant from the program
if the removal is consistent with procedures adopted by the
commission. Nothing in this paragraph shall prevent a CARE program
participant with electricity usage exceeding 600 percent of baseline
usage from participating in an appeals process with the electrical
corporation to determine whether the participant's usage levels are
legitimate.
   (3) A CARE program participant in a rental residence shall not be
removed from the program in situations where the landlord is
nonresponsive when contacted by the electrical corporation or does
not provide for ESAP participation.