Bill Text: CA AB756 | 2013-2014 | Regular Session | Amended
Bill Title: California Environmental Quality Act: judicial review: public works projects.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2014-02-03 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB756 Detail]
Download: California-2013-AB756-Amended.html
BILL NUMBER: AB 756 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 11, 2013
AMENDED IN ASSEMBLY MARCH 19, 2013
INTRODUCED BY Assembly Member Melendez
FEBRUARY 21, 2013
An act to add Chapter 7 (commencing with Section 21189.50) to
Division 13 of the Public Resources Code, relating to environmental
quality.
LEGISLATIVE COUNSEL'S DIGEST
AB 756, as amended, Melendez. California Environmental Quality
Act: judicial review: public works projects.
The California Environmental Quality Act (CEQA)
, referred to as CEQA, requires a lead agency, as
defined, to prepare, or cause to be prepared, and certify the
completion of, an environmental impact report (EIR)
, referred to as an EIR, on a project that it
proposes to carry out or approve that may have a significant effect
on the environment or to adopt a negative declaration if it finds
that the project will not have that effect. CEQA establishes a
procedure for the preparation and certification of the record of
proceedings upon the filing of an action or proceeding challenging a
lead agency's action on the grounds of noncompliance with CEQA.
The Jobs and Economic Improvement Through Environmental Leadership
Act of 2011 requires that any action or proceeding alleging that a
public agency has approved or is undertaking a leadership project
certified by the Governor, as specified, in violation of CEQA be
conducted in accordance with specified streamlining benefits. The act
also requires the preparation and certification of the
administrative record for a leadership project that is certified by
the Governor to comply with certain procedures. The act requires the
draft and final EIR of a leadership project to include a specific
notice relating to required procedures for judicial actions
challenging the certification of the EIR or the approval of a project
described in the EIR.
This bill would also apply these provisions to a public works
project, defined to mean an infrastructure project carried out by the
city, county, special district, or state government or
contracted out to a private entity by the special district or
local or state government. By requiring a lead agency to use
these alternative procedures in preparing and certifying the
administrative record, this bill would impose a state-mandated local
program. The bill would also authorize the Judicial Council to adopt
Rules of Court to implement these provisions.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Chapter 7 (commencing with Section 21189.50) is added
to Division 13 of the Public Resources Code, to read:
CHAPTER 7. JUDICIAL REVIEW OF PUBLIC WORKS PROJECTS
21189.50. "Public works project," for purposes of this chapter,
means an infrastructure project carried out by the city, county,
special district, or state government, or contracted out to a
private entity by a city, county, special district, or
state government. Infrastructure projects include projects relating
to transportation, such as the construction and maintenance of roads,
bridges, airports, and ports, and the placement of traffic signs and
street lights, projects relating to public health-related buildings
such as hospitals and urgent care facilities, projects relating to
public safety buildings such as law enforcement stations and
correctional facilities, projects relating to water quality and water
waste treatment facilities and their related infrastructures, and
projects relating to electrical grid improvements, landscaping,
seismic retrofitting, and technological retrofitting.
21189.51. (a) Notwithstanding any other law, any action or
proceeding alleging that a public agency has approved or is
undertaking a public works project in violation of this division
shall be conducted in accordance with the following streamlining
benefits:
(1) The action or proceeding shall be filed in the court of appeal
with geographic jurisdiction over the project.
(2) Any A party bringing a claim
described in this section shall also file concurrently any other
claims alleging that a public agency has granted land use approvals
for the public works project in violation of the law. The court of
appeal shall have original jurisdiction over all those claims.
(3) The court of appeal shall issue its decision in the case
within 175 days of the filing of the petition.
(4) The court may appoint a master to assist the court in managing
and processing the case.
(5) The court may grant extensions of time only for good cause
shown and in order to promote the interests of justice.
(b) The Judicial Council may adopt rules of court to implement
this chapter.
21189.52. Notwithstanding any other law, the preparation and
certification of the administrative record for a public works project
shall be performed in the following manner:
(a) The lead agency for the project shall prepare the
administrative record pursuant to this division concurrently with the
administrative process.
(b) All documents and other materials placed in the administrative
record shall be posted on, and be downloadable from, an Internet Web
site maintained by the lead agency commencing with the date of the
release of the draft environmental impact report.
(c) The lead agency shall make available to the public
public, in a readily accessible electronic
format 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 and, except as provided in subdivision
(f), shall make any comment available to the public in a
readily accessible electronic format within five days of its receipt.
(f) Within seven business days after the receipt of any comment
that is not in an electronic format, the lead agency shall convert
that comment into a readily accessible electronic format and make it
available to the public in that format.
(g) The lead agency shall certify the final administrative record
within five days of its approval of the project.
(h) Any dispute arising from the administrative record shall be
resolved by the court of appeal pursuant to Section 21189.51.
21189.53. The draft and final environmental impact report shall
include a notice in no less than 12-point type stating the following:
"THIS EIR IS SUBJECT TO CHAPTER 7 (COMMENCING WITH SECTION
21189.50) OF DIVISION 21 OF THE PUBLIC RESOURCES CODE, WHICH
PROVIDES, AMONG OTHER THINGS, THAT ANY JUDICIAL ACTION CHALLENGING
THE CERTIFICATION OF THE EIR OR THE APPROVAL OF THE PROJECT DESCRIBED
IN THE EIR IS SUBJECT TO THE PROCEDURES SET FORTH IN SECTION
21189.51 OF THE PUBLIC RESOURCES CODE AND MUST BE FILED WITH THE
COURT OF APPEAL. A COPY OF CHAPTER 7 OF DIVISION 21 OF THE PUBLIC
RESOURCES CODE IS INCLUDED IN THE APPENDIX TO THIS EIR."
21189.54. The provisions of this chapter are severable. If any
provision of this chapter or its application is held invalid, that
invalidity shall not affect other provisions or applications that can
be given effect without the invalid provision or application.
SEC. 2. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.
