Bill Text: CA SB757 | 2019-2020 | Regular Session | Amended


Bill Title: California Environmental Quality Act: Twenty-Eight by ’28 Initiative pillar projects.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed) 2020-06-29 - Referred to Com. on NAT. RES. [SB757 Detail]

Download: California-2019-SB757-Amended.html

Amended  IN  Assembly  July 13, 2020
Amended  IN  Senate  January 23, 2020
Amended  IN  Senate  January 15, 2020
Amended  IN  Senate  January 06, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill
No. 757


Introduced by Senator Allen Senators Allen and Atkins

February 22, 2019


An act to amend Section 73 of, and to add Section 622.4 to, the Streets and Highways Code, relating to state highways. An act to add Section 21168.6.12 to the Public Resources Code, relating to environmental quality.


LEGISLATIVE COUNSEL'S DIGEST


SB 757, as amended, Allen. State highways: relinquishment. California Environmental Quality Act: Twenty-Eight by ’28 Initiative pillar projects.
The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report 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. CEQA requires a court to make specified orders if it finds that any determination, finding, or decision of a public agency has been made without compliance with CEQA.
This bill would establish specified procedures for the administrative and judicial review of the environmental review and approvals granted for the Twenty-Eight by ’28 Initiative pillar projects, as defined, located in the County of Los Angeles. The bill would apply certain rules of court establishing procedures requiring actions or proceedings seeking judicial review pursuant to CEQA or the granting of project approvals, including any potential appeals therefrom, to be resolved, to the extent feasible, within 270 days of the filing of the certified record of proceedings with the court to an action or proceeding seeking judicial review of the lead agency’s action related to the Twenty-Eight by ’28 Initiative pillar projects under CEQA. The bill would, except as provided, prohibit the lead agency from prequalifying, shortlisting, or awarding a contract to an entity to perform any portion of the project.
This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Los Angeles.

Existing law vests the Department of Transportation with full possession and control of all state highways. Existing law describes the authorized routes in the state highway system and establishes a process for adoption of a highway on an authorized route by the California Transportation Commission. Existing law also provides for the commission to relinquish to local agencies state highway segments that have been deleted from the state highway system by legislative enactment or have been superseded by relocation, and in certain other cases.

This bill would revise and recast these provisions to delete the requirement that the portion to be relinquished be deleted from the state highway system by legislative enactment, except as provided with respect to a specified segment of Route 710.

The bill would require the department, not later than April 1, 2021, and biennially thereafter, to make a specified report to the commission on which state highway routes or segments primarily serve regional travel and do not facilitate interregional movement of people and goods. The bill would also authorize the department to identify in the report which of those routes and segments are the best candidates for relinquishment.

The bill would also authorize the commission to relinquish a portion of a state highway to a county or city, if the department and the county or city concerned have entered into an agreement providing for the relinquishment of a portion of a state highway, within the territorial limits of the county or city, that is not an interstate highway and does not facilitate the interregional movement of people and goods, as determined in the report. The bill would also require that the relinquishment of those routes and segments is subject to certain conditions, including that the department complete a specified cost-benefit analysis and that the commission hold a public hearing on the proposed relinquishment.

The bill would require the commission to compile a list of all portions of the state highway system relinquished in the previous 12 months and include this information in its annual report to the Legislature, as specified.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 21168.6.12 is added to the Public Resources Code, to read:

21168.6.12.
 (a) For purposes of this section, the following definitions apply:
(1) “Project labor agreement” has the same meaning as in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code.
(2) “Skilled and trained workforce” has the same meaning as provided in Chapter 2.9 (commencing with Section 2600) of Part 1 of Division 2 of the Public Contract Code.
(3) “Twenty-Eight by ’28 Initiative pillar projects” or “projects” means the following projects set forth in the file numbers 2019-0108 and 2019-0760 of the Los Angeles County Metropolitan Transportation Authority that are funded as a part of Measure M, approved by the voters at the 2016 statewide general election:
(A) Gold Line Eastside Extension Phase 2.
(B) Green Line Extension to Torrance.
(C) Sepulveda Transit Corridor.
(D) West Santa Ana Branch to Downtown LA.
(b) (1) Except as provided in paragraph (2), an entity shall not be prequalified or shortlisted or awarded a contract by the lead agency to perform any portion of the project unless the entity provides an enforceable commitment to the lead agency that the entity and its subcontractors at every tier will use a skilled and trained workforce to perform all work on the project or contract that falls within an apprenticeable occupation in the building and construction trades.
(2) Paragraph (1) does not apply if any of the following requirements are met:
(A) The lead agency has entered into a project labor agreement that will bind all contractors and subcontractors performing work on a project or contract to use a skilled and trained workforce, and the contractor agrees to be bound by that project labor agreement.
(B) A project is being performed under the extension or renewal of a project labor agreement that was entered into by the lead agency before January 1, 2021.
(C) The lead agency has entered into a project labor agreement that will bind all contractors and all of its subcontractors at every tier performing a project to use a skilled and trained workforce.
(c) Rules 3.2220 to 3.2237, inclusive, of the California Rules of Court, as may be amended by the Judicial Council, shall apply to any action or proceeding brought to attack, review, set aside, void, or annul the certification or adoption of any environmental impact report for any of the Twenty-Eight by ’28 Initiative pillar projects to require the action or proceeding, including any potential appeals therefrom, to be resolved, to the extent feasible, within 270 days of the filing of the certified record of proceedings with the court. On or before July 1, 2021, the Judicial Council shall amend the California Rules of Court, as necessary, to implement this subdivision.
(d) (1) The draft and final environmental impact report for a project shall include a notice in not less than 12-point type stating the following:

THIS ENVIRONMENTAL IMPACT REPORT IS SUBJECT TO SECTION 21168.6.12 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, IF ANY, FOR THE DRAFT ENVIRONMENTAL IMPACT REPORT. ANY JUDICIAL ACTION CHALLENGING THE CERTIFICATION OR ADOPTION OF THE ENVIRONMENTAL IMPACT REPORT OR THE APPROVAL OF THE PROJECT DESCRIBED IN SECTION 21168.6.12 OF THE PUBLIC RESOURCES CODE IS SUBJECT TO THE PROCEDURES SET FORTH IN THAT SECTION. A COPY OF SECTION 21168.6.12 OF THE PUBLIC RESOURCES CODE IS INCLUDED IN THE APPENDIX TO THIS ENVIRONMENTAL IMPACT REPORT.

(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 document.
(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 or to adopt the environmental impact report or to grant project approval.
(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 or monitoring program required by paragraph (1) of subdivision (a) of Section 21081.6, if 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.
(e) (1) The lead agency shall prepare and certify the record of proceedings in accordance with this subdivision and in accordance with Rule 3.1365 of the California Rules of Court.
(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 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 the 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 shall 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 comments available to the public in a readily accessible electronic format within five days of their 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 proceedings comments received that were not considered by the lead agency pursuant to paragraph (6) of subdivision (c) and need not include the content of the comments as a part of the record of proceedings.
(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 proceedings for the approval or determination and shall provide an electronic copy of the record of proceedings 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 of proceedings 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 proceedings shall be resolved by the superior court. Unless the superior court directs otherwise, a party disputing the content of the record of proceedings shall file a motion to augment the record of proceedings 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.

SEC. 2.

 The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the need to expedite the environmental review of the Twenty-Eight by ’28 Initiative pillar projects, as defined in Section 21168.6.12 of the Public Resources Code, located in the County of Los Angeles, so that the transit improvements resulting from those projects are available during the 2028 Olympic Games.
SECTION 1.Section 73 of the Streets and Highways Code is amended to read:
73.

(a)The Legislature finds and declares both of the following:

(1)Ownership and management of transportation infrastructure should be placed at the most appropriate level of government. Transportation infrastructure primarily serving regional travel and not facilitating interregional movement of people and goods is typically best managed by local and regional government entities. Transportation infrastructure, including interstate highways, that is needed to facilitate interregional movement of people and goods is typically best managed at the state government level.

(2)The Legislature intends for the department to identify routes, and segments of routes, that may be appropriate candidates for relinquishment and to streamline the process of approving relinquishments where the department and the city or county have entered into an agreement providing for the relinquishment.

(b)(1)The commission may relinquish to a county or city a portion of a state highway within the county or city that has been superseded by relocation.

(2)The commission shall not relinquish to a county or city a portion of a state highway that has been superseded by relocation until the department has placed the highway, as defined in Section 23, in a state of good repair. This requirement shall not obligate the department for widening, new construction, or major reconstruction, except as the commission may direct. A state of good repair requires maintenance, as defined in Section 27, including litter removal, weed control, and tree and shrub trimming to the time of relinquishment.

(c)Whenever the department and the county or city concerned have entered into an agreement providing therefor, or the legislative body of the county or city has adopted a resolution consenting thereto, the commission may relinquish, to that county or city, any frontage or service road or outer highway, within the territorial limits of the county or city, that has been constructed as a part of a state highway project, but does not constitute a part of the main traveled roadway thereof.

(d)The commission may also relinquish, to a county or city within whose territorial limits it is located, any nonmotorized transportation facility, as defined in Section 887, constructed as part of a state highway project if the county or city, as the case may be, has entered into an agreement providing therefor or its legislative body has adopted a resolution consenting thereto.

(e)(1)The commission may relinquish a portion of a state highway to a county or city if the department and the county or city concerned have entered into an agreement providing for the relinquishment of that portion of that state highway, within the territorial limits of the county or city, that is not an interstate highway and does not facilitate the interregional movement of people and goods as determined in the report described in subdivision (h). The department and the county or city shall agree upon the condition or state of the relinquished portion of the state highway at the time of its transfer from the department to the county or city. The agreement shall specify any financial terms upon which the department and county or city have agreed. The agreement shall transfer all legal liability for the relinquished portion of the state highway at the time of its transfer from the department to the county or city.

(2)A relinquishment pursuant to paragraph (1) shall not occur unless all of the following conditions are met:

(A)The commission has determined the relinquishment is in the best interest of the state.

(B)The department completes a cost-benefit analysis on behalf of the state that may include a review of route continuity, market value assessments of the proposed relinquishment and associated parcels, a review of historical and estimated future maintenance costs of the proposed relinquishment, or any other quantifiable economic impacts.

(C)The commission holds a public hearing on the proposed relinquishment.

(3)Upon relinquishment of a portion of a state highway under this subdivision, the county or city accepting the relinquished former portion of state highway shall maintain within its jurisdiction signs directing motorists to the continuation of the remaining portions of the state highway, if any, to the extent deemed necessary by the department.

(f)Relinquishment shall be by a resolution adopted by the commission. A certified copy of the resolution shall be filed with the board of supervisors or the city clerk, as the case may be. A certified copy of the resolution shall also be recorded in the office of the recorder of the county where the land is located and, upon its recordation, all right, title, and interest of the state in and to that portion of state highway shall vest in the county or city, as the case may be, and that highway or portion thereof shall thereupon constitute a county road or city street, as the case may be.

(g)The vesting of all right, title, and interest of the state in and to portions of state highways heretofore relinquished by the commission, in the county or city to which it was relinquished, is hereby confirmed.

(h)Not later than April 1, 2021, and biennially thereafter, the department shall report to the commission on which state highway routes or segments primarily serve regional travel and do not facilitate interregional movement of people and goods. The department may identify these routes or segments by one or more categories and shall indicate which routes and segments are the best candidates for relinquishment. The report shall include an aggregate estimate of future maintenance and preservation costs of the identified routes and segments. The commission, in consultation with the department, shall develop guidelines for this report.

(i)(1)Before relinquishing a portion of a state highway to a county or a city, the department shall give 90 days’ notice in writing of intention to relinquish to the board of supervisors, or the city council, as the case may be, of both the jurisdiction and location of the portion of the state highway to be relinquished and the jurisdictions immediately adjacent to the route where the state highway continues. Where the resolution of relinquishment contains a recital as to the giving of the notice, adoption of the resolution of relinquishment shall be conclusive evidence that the notice has been given.

(2)With respect to a relinquishment pursuant to subdivision (b), within the 90-day period, the board of supervisors or the city council may protest in writing to the commission stating the reasons therefor, including, but not limited to, objections that the highway is not in a state of good repair, or is not needed for public use and should be vacated by the commission. If the commission does not comply with the requests of the protesting body, it may proceed with the relinquishment only after a public hearing given to the protesting body on 10 days’ written notice.

(j)The commission shall compile a list of all portions of the state highway system relinquished in the previous 12 months and include this information in its annual report to the Legislature pursuant to Section 14535 of the Government Code.

SEC. 2.Section 622.4 is added to the Streets and Highways Code, to read:
622.4.

The commission shall not relinquish to the County of Los Angeles or any city any portion of Route 710 located between Route 10 and Valley Boulevard pursuant to Section 73 and may only relinquish a portion of Route 710 located between Route 10 and Valley Boulevard pursuant to a subsequent legislative enactment authorizing that relinquishment.

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