Bill Text: CA SB743 | 2013-2014 | Regular Session | Chaptered
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-Chaptered.html
BILL NUMBER: SB 743 CHAPTERED
BILL TEXT
CHAPTER 386
FILED WITH SECRETARY OF STATE SEPTEMBER 27, 2013
APPROVED BY GOVERNOR SEPTEMBER 27, 2013
PASSED THE SENATE SEPTEMBER 12, 2013
PASSED THE ASSEMBLY SEPTEMBER 12, 2013
AMENDED IN ASSEMBLY SEPTEMBER 12, 2013
AMENDED IN ASSEMBLY SEPTEMBER 6, 2013
INTRODUCED BY Senator Steinberg
(Coauthors: Senators Gaines, Galgiani, Nielsen, and Wolk)
(Coauthors: Assembly Members Cooley, Dickinson, Logue, and Pan)
FEBRUARY 22, 2013
An act to amend Sections 65088.1 and 65088.4 of the Government
Code, and to amend Sections 21181, 21183, 21186, 21187, 21189.1, and
21189.3 of, to add Section 21155.4 to, to add Chapter 2.7 (commencing
with Section 21099) to Division 13 of, to add and repeal Section
21168.6.6 of, and to repeal and add Section 21185 of, the Public
Resources Code, relating to environmental quality.
LEGISLATIVE COUNSEL'S DIGEST
SB 743, Steinberg. Environmental quality: transit oriented infill
projects, 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, 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 provide that aesthetic and parking impacts of a
residential, mixed-use residential, or employment center project, as
defined, on an infill site, as defined, within a transit priority
area, as defined, shall not be considered significant impacts on the
environment. The bill would require the Office of Planning and
Research to prepare and submit to the Secretary of the Natural
Resources Agency, and the secretary to certify and adopt, revisions
to the guidelines for the implementation of CEQA establishing
criteria for determining the significance of transportation impacts
of projects within transit priority areas.
This bill would, except for specified circumstances, exempt from
CEQA residential, employment center, and mixed-use development
projects meeting specified criteria. Because a lead agency would be
required to determine the applicability of this exemption, this bill
would impose a state-mandated local program.
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.
(3) Existing law requires the development, adoption, and updating
of a congestion management program for each county that includes an
urbanized area, as defined. The plan is required to contain specified
elements and to be submitted to regional agencies, as defined, for
determination of whether the program is consistent with regional
transportation plans. The regional agency is then directed to monitor
the implementation of all elements of each congestion management
program. The required elements include traffic level of service
standards for a system of designated highways and roadways. Existing
law defines "infill opportunity zone" for purposes of the
above-described provisions and exempts streets and highways in an
infill opportunity zone from the level of service standards specified
in the above-described provisions and instead requires alternate
level of service standards to be applied. Existing law prohibits a
city or county from designating an infill opportunity zone after
December 31, 2009.
This bill would revise the definition of "infill opportunity zone,"
as specified. The bill would authorize the designation of an infill
opportunity zone that is a transit priority area within a sustainable
communities strategy or alternative planning strategy adopted by an
applicable metropolitan planning organization.
(4) Existing law terminates the designation of an infill
opportunity zone if no development project is completed within that
zone within 4 years from the date of the designation.
This bill would repeal this provision.
This bill would make findings and declarations as to the necessity
of a special statute for the City of Sacramento.
(5) 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.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. (a) The Legislature finds and declares the following:
(1) With the adoption of Chapter 728 of the Statutes of 2008,
popularly known as the Sustainable Communities and Climate Protection
Act of 2008, the Legislature signaled its commitment to encouraging
land use and transportation planning decisions and investments that
reduce vehicle miles traveled and contribute to the reductions in
greenhouse gas emissions required in the California Global Warming
Solutions Act of 2006 (Division 25.5 (commencing with Section 38500)
of the Health and Safety Code). Similarly, the California Complete
Streets Act of 2008 (Chapter 657 of the Statutes of 2008) requires
local governments to plan for a balanced, multimodal transportation
network that meets the needs of all users of streets, roads, and
highways for safe and convenient travel.
(2) Transportation analyses under the California Environmental
Quality Act (Division 13 (commencing with Section 21000) of the
Public Resources Code) typically study changes in automobile delay.
New methodologies under the California Environmental Quality Act are
needed for evaluating transportation impacts that are better able to
promote the state's goals of reducing greenhouse gas emissions and
traffic-related air pollution, promoting the development of a
multimodal transportation system, and providing clean, efficient
access to destinations.
(b) It is the intent of the Legislature to do both of the
following:
(1) Ensure that the environmental impacts of traffic, such as
noise, air pollution, and safety concerns, continue to be properly
addressed and mitigated through the California Environmental Quality
Act.
(2) More appropriately balance the needs of congestion management
with statewide goals related to infill development, promotion of
public health through active transportation, and reduction of
greenhouse gas emissions.
SEC. 2. The Legislature further 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. 3. Section 65088.1 of the Government Code is amended to read:
65088.1. As used in this chapter the following terms have the
following meanings:
(a) Unless the context requires otherwise, "agency" means the
agency responsible for the preparation and adoption of the congestion
management program.
(b) "Bus rapid transit corridor" means a bus service that includes
at least four of the following attributes:
(1) Coordination with land use planning.
(2) Exclusive right-of-way.
(3) Improved passenger boarding facilities.
(4) Limited stops.
(5) Passenger boarding at the same height as the bus.
(6) Prepaid fares.
(7) Real-time passenger information.
(8) Traffic priority at intersections.
(9) Signal priority.
(10) Unique vehicles.
(c) "Commission" means the California Transportation Commission.
(d) "Department" means the Department of Transportation.
(e) "Infill opportunity zone" means a specific area designated by
a city or county, pursuant to subdivision (c) of Section 65088.4,
that is within one-half mile of a major transit stop or high-quality
transit corridor included in a regional transportation plan. A major
transit stop is as defined in Section 21064.3 of the Public Resources
Code, except that, for purposes of this section, it also includes
major transit stops that are included in the applicable regional
transportation plan. For purposes of this section, a high-quality
transit corridor means a corridor with fixed route bus service with
service intervals no longer than 15 minutes during peak commute
hours.
(f) "Interregional travel" means any trips that originate outside
the boundary of the agency. A "trip" means a one-direction vehicle
movement. The origin of any trip is the starting point of that trip.
A roundtrip consists of two individual trips.
(g) "Level of service standard" is a threshold that defines a
deficiency on the congestion management program highway and roadway
system which requires the preparation of a deficiency plan. It is the
intent of the Legislature that the agency shall use all elements of
the program to implement strategies and actions that avoid the
creation of deficiencies and to improve multimodal mobility.
(h) "Local jurisdiction" means a city, a county, or a city and
county.
(i) "Multimodal" means the utilization of all available modes of
travel that enhance the movement of people and goods, including, but
not limited to, highway, transit, nonmotorized, and demand management
strategies including, but not limited to, telecommuting. The
availability and practicality of specific multimodal systems,
projects, and strategies may vary by county and region in accordance
with the size and complexity of different urbanized areas.
(j) (1) "Parking cash-out program" means an employer-funded
program under which an employer offers to provide a cash allowance to
an employee equivalent to the parking subsidy that the employer
would otherwise pay to provide the employee with a parking space.
"Parking subsidy" means the difference between the out-of-pocket
amount paid by an employer on a regular basis in order to secure the
availability of an employee parking space not owned by the employer
and the price, if any, charged to an employee for use of that space.
(2) A parking cash-out program may include a requirement that
employee participants certify that they will comply with guidelines
established by the employer designed to avoid neighborhood parking
problems, with a provision that employees not complying with the
guidelines will no longer be eligible for the parking cash-out
program.
(k) "Performance measure" is an analytical planning tool that is
used to quantitatively evaluate transportation improvements and to
assist in determining effective implementation actions, considering
all modes and strategies. Use of a performance measure as part of the
program does not trigger the requirement for the preparation of
deficiency plans.
( l ) "Urbanized area" has the same meaning as is
defined in the 1990 federal census for urbanized areas of more than
50,000 population.
(m) Unless the context requires otherwise, "regional agency" means
the agency responsible for preparation of the regional
transportation improvement program.
SEC. 4. Section 65088.4 of the Government Code is amended to read:
65088.4. (a) It is the intent of the Legislature to balance the
need for level of service standards for traffic with the need to
build infill housing and mixed use commercial developments within
walking distance of mass transit facilities, downtowns, and town
centers and to provide greater flexibility to local governments to
balance these sometimes competing needs.
(b) Notwithstanding any other provision of law, level of service
standards described in Section 65089 shall not apply to the streets
and highways within an infill opportunity zone.
(c) The city or county may designate an infill opportunity zone by
adopting a resolution after determining that the infill opportunity
zone is consistent with the general plan and any applicable specific
plan, and is a transit priority area within a sustainable communities
strategy or alternative planning strategy adopted by the applicable
metropolitan planning organization.
SEC. 5. Chapter 2.7 (commencing with Section 21099) is added to
Division 13 of the Public Resources Code, to read:
CHAPTER 2.7. MODERNIZATION OF TRANSPORTATION ANALYSIS FOR
TRANSIT-ORIENTED INFILL PROJECTS
21099. (a) For purposes of this section, the following terms mean
the following:
(1) "Employment center project" means a project located on
property zoned for commercial uses with a floor area ratio of no less
than 0.75 and that is located within a transit priority area.
(2) "Floor area ratio" means the ratio of gross building area of
the development, excluding structured parking areas, proposed for the
project divided by the net lot area.
(3) "Gross building area" means the sum of all finished areas of
all floors of a building included within the outside faces of its
exterior walls.
(4) "Infill site" means a lot located within an urban area that
has been previously developed, or on a vacant site where at least 75
percent of the perimeter of the site adjoins, or is separated only by
an improved public right-of-way from, parcels that are developed
with qualified urban uses.
(5) "Lot" means all parcels utilized by the project.
(6) "Net lot area" means the area of a lot, excluding publicly
dedicated land and private streets that meet local standards, and
other public use areas as determined by the local land use authority.
(7) "Transit priority area" means an area within one-half mile of
a major transit stop that is existing or planned, if the planned stop
is scheduled to be completed within the planning horizon included in
a Transportation Improvement Program adopted pursuant to Section
450.216 or 450.322 of Title 23 of the Code of Federal Regulations.
(b) (1) The Office of Planning and Research shall prepare,
develop, and transmit to the Secretary of the Natural Resources
Agency for certification and adoption proposed revisions to the
guidelines adopted pursuant to Section 21083 establishing criteria
for determining the significance of transportation impacts of
projects within transit priority areas. Those criteria shall promote
the reduction of greenhouse gas emissions, the development of
multimodal transportation networks, and a diversity of land uses. In
developing the criteria, the office shall recommend potential metrics
to measure transportation impacts that may include, but are not
limited to, vehicle miles traveled, vehicle miles traveled per
capita, automobile trip generation rates, or automobile trips
generated. The office may also establish criteria for models used to
analyze transportation impacts to ensure the models are accurate,
reliable, and consistent with the intent of this section.
(2) Upon certification of the guidelines by the Secretary of the
Natural Resources Agency pursuant to this section, automobile delay,
as described solely by level of service or similar measures of
vehicular capacity or traffic congestion shall not be considered a
significant impact on the environment pursuant to this division,
except in locations specifically identified in the guidelines, if
any.
(3) This subdivision does not relieve a public agency of the
requirement to analyze a project's potentially significant
transportation impacts related to air quality, noise, safety, or any
other impact associated with transportation. The methodology
established by these guidelines shall not create a presumption that a
project will not result in significant impacts related to air
quality, noise, safety, or any other impact associated with
transportation. Notwithstanding the foregoing, the adequacy of
parking for a project shall not support a finding of significance
pursuant to this section.
(4) This subdivision does not preclude the application of local
general plan policies, zoning codes, conditions of approval,
thresholds, or any other planning requirements pursuant to the police
power or any other authority.
(5) On or before July 1, 2014, the Office of Planning and Research
shall circulate a draft revision prepared pursuant to paragraph (1).
(c) (1) The Office of Planning and Research may adopt guidelines
pursuant to Section 21083 establishing alternative metrics to the
metrics used for traffic levels of service for transportation impacts
outside transit priority areas. The alternative metrics may include
the retention of traffic levels of service, where appropriate and as
determined by the office.
(2) This subdivision shall not affect the standard of review that
would apply to the new guidelines adopted pursuant to this section.
(d) (1) Aesthetic and parking impacts of a residential, mixed-use
residential, or employment center project on an infill site within a
transit priority area shall not be considered significant impacts on
the environment.
(2) (A) This subdivision does not affect, change, or modify the
authority of a lead agency to consider aesthetic impacts pursuant to
local design review ordinances or other discretionary powers provided
by other laws or policies.
(B) For the purposes of this subdivision, aesthetic impacts do not
include impacts on historical or cultural resources.
(e) This section does not affect the authority of a public agency
to establish or adopt thresholds of significance that are more
protective of the environment.
SEC. 6. Section 21155.4 is added to the Public Resources Code, to
read:
21155.4. (a) Except as provided in subdivision (b), a
residential, employment center, as defined in paragraph (1) of
subdivision (a) of Section 21099, or mixed-use development project,
including any subdivision, or any zoning, change that meets all of
the following criteria is exempt from the requirements of this
division:
(1) The project is proposed within a transit priority area, as
defined in subdivision (a) of Section 21099.
(2) The project is undertaken to implement and is consistent with
a specific plan for which an environmental impact report has been
certified.
(3) The project is consistent with the general use designation,
density, building intensity, and applicable policies specified for
the project area in either a sustainable communities strategy or an
alternative planning strategy for which the State Air Resources
Board, pursuant to subparagraph (H) of paragraph (2) of subdivision
(b) of Section 65080 of the Government Code, has accepted a
metropolitan planning organization's determination that the
sustainable communities strategy or the alternative planning strategy
would, if implemented, achieve the greenhouse gas emissions
reduction targets.
(b) Further environmental review shall be conducted only if any of
the events specified in Section 21166 have occurred.
SEC. 7. 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 the following components of the
entertainment and sports center project from demolition and site
preparation through operation:
(A) An arena facility that will become the new home to the City of
Sacramento's National Basketball Association (NBA) team that does
both of the following:
(i) Receives Leadership in Energy and Environmental Design (LEED)
gold certification for new construction within one year of completion
of the first NBA season.
(ii) Minimizes operational traffic congestion and air quality
impacts through either or both project design and the implementation
of feasible mitigation measures that will do all of the following:
(I) Achieve and maintain carbon neutrality or better by reducing
to at least zero the net emissions of greenhouse gases, as defined in
subdivision (g) of Section 38505 of the Health and Safety Code, from
private automobile trips to the downtown arena as compared to the
baseline as verified by the Sacramento Metropolitan Air Quality
Management District.
(II) Achieve a per attendee reduction in greenhouse gas emissions
from automobiles and light trucks compared to per attendee greenhouse
gas emissions associated with the existing arena during the 2012-13
NBA season that will exceed the carbon reduction targets for 2020 and
2035 achieved in the sustainable communities strategy prepared by
the Sacramento Area Council of Governments for the Sacramento region
pursuant to Chapter 728 of the Statutes of 2008.
(III) Achieve and maintain vehicle-miles-traveled per attendee for
NBA events at the downtown arena that is no more than 85 percent of
the baseline.
(B) Associated public spaces.
(C) Facilities and infrastructure for ingress, egress, and use of
the arena facility.
(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) (1) The city may prosecute an eminent domain action for 545
and 600 K Street, Sacramento, California, and surrounding publicly
accessible areas and rights-of-way within 200 feet of 600 K Street,
Sacramento, California, 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 completing the
environmental review under this division.
(2) Paragraph (1) shall not apply to any other eminent domain
actions prosecuted by the City of Sacramento or to eminent domain
actions based on a finding of blight.
(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) (1) 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 downtown arena, to
implement those measures that will meet the requirements of this
division by the end of the first NBA regular season or June of the
first NBA regular season, whichever is later, during which an NBA
team has played at the downtown arena.
(2) 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. Mitigation measures that shall be considered and
implemented, if feasible and necessary, to achieve the standards set
forth in subclauses (I) to (III), inclusive, of clause (ii) of
subparagraph (A) of paragraph (3) of subdivision (a), including, but
not limited to:
(A) Temporarily expanding the capacity of a public transit line,
as needed, to serve downtown arena events.
(B) Providing private charter buses or other similar services, as
needed, to serve downtown arena events.
(C) Paying its fair share of the cost of measures that expand the
capacity of a public fixed or light rail station that is used by
spectators attending downtown arena events.
(3) 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) An action or proceeding to attack, set aside, void, or annul
a determination, finding, or decision of the lead agency granting a
subsequent project approval shall be subject to the requirements of
Chapter 6 (commencing with Section 21165).
(3) 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. 8. Section 21181 of the Public Resources Code is amended to
read:
21181. This chapter does not apply to a project if the 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. 9. Section 21183 of the Public Resources Code is amended to
read:
21183. The Governor may certify a leadership project for
streamlining pursuant to this chapter if all the following conditions
are met:
(a) The project will result in a minimum investment of one hundred
million dollars ($100,000,000) in California upon completion of
construction.
(b) The project creates high-wage, highly skilled jobs that pay
prevailing wages and living wages and provide construction jobs and
permanent jobs for Californians, and helps reduce unemployment. For
purposes of this subdivision, "jobs that pay prevailing wages" means
that all construction workers employed in the execution of the
project will receive at least the general prevailing rate of per diem
wages for the type of work and geographic area, as determined by the
Director of Industrial Relations pursuant to Sections 1773 and
1773.9 of the Labor Code. If the project is certified for
streamlining, the project applicant shall include this requirement in
all contracts for the performance of the work.
(c) The project does not result in any net additional emission of
greenhouse gases, including greenhouse gas emissions from employee
transportation, as determined by the State Air Resources Board
pursuant to Division 25.5 (commencing with Section 38500) of the
Health and Safety Code.
(d) The project applicant has entered into a binding and
enforceable agreement that all mitigation measures required pursuant
to this division to certify the project under this chapter shall be
conditions of approval of the project, and those conditions will be
fully enforceable by the lead agency or another agency designated by
the lead agency. In the case of environmental mitigation measures,
the applicant agrees, as an ongoing obligation, that those measures
will be monitored and enforced by the lead agency for the life of the
obligation.
(e) The project applicant agrees to pay the costs of the Court of
Appeal in hearing and deciding any case, including payment of the
costs for the appointment of a special master if deemed appropriate
by the court, in a form and manner specified by the Judicial Council,
as provided in the Rules of Court adopted by the Judicial Council
pursuant to subdivision (f) of Section 21185.
(f) The project applicant agrees to pay the costs of preparing the
administrative record for the project concurrent with review and
consideration of the project pursuant to this division, in a form and
manner specified by the lead agency for the project.
SEC. 10. Section 21185 of the Public Resources Code is repealed.
SEC. 11. 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, within 270 days of
certification of the record of proceedings pursuant to Section 21186.
SEC. 12. 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.
(h) The lead agency shall certify the final administrative record
within five days of its approval of the project.
(i) Any dispute arising from the administrative record 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.
(j) The contents of the record of proceedings shall be as set
forth in subdivision (e) of Section 21167.6.
SEC. 13. Section 21187 of the Public Resources Code is amended to
read:
21187. 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:
"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 SECTIONS 21185
TO 21186, INCLUSIVE, OF THE PUBLIC RESOURCES CODE. A COPY OF CHAPTER
6.5 (COMMENCING WITH SECTION 21178) OF THE PUBLIC RESOURCES CODE IS
INCLUDED 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. 14. Section 21189.1 of the Public Resources Code is amended
to read:
21189.1. If, prior to January 1, 2016, a lead agency fails to
approve a project certified by the Governor pursuant to this chapter,
then the certification expires and is no longer valid.
SEC. 15. Section 21189.3 of the Public Resources Code is amended
to read:
21189.3. This chapter shall remain in effect until January 1,
2017, and as of that date is repealed unless a later enacted statute
extends or repeals that date.
SEC. 16. 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. 17. 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.
