Bill Text: CA SB1214 | 2011-2012 | Regular Session | Introduced

California Senate Bill 1214 (Prior Session Legislation)

Introduced

Bill Title: Environmental quality: California Environmental Quality

Spectrum: Slight Partisan Bill (Republican 10-4)

Status: (Introduced - Dead) 2012-04-16 - Set, first hearing. Failed passage in committee. (Ayes 0. Noes 5. Page 3189.) Reconsideration granted. [SB1214 Detail]

Download: California-2011-SB1214-Introduced.html

BILL NUMBER: SB 1214	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Cannella
   (Coauthors: Senators Berryhill, Dutton, Emmerson, Harman, Huff, La
Malfa, Rubio, and Vargas)
   (Coauthors: Assembly Members Jeffries, Olsen, Perea, V. Manuel
P�rez, and Valadao)

                        FEBRUARY 22, 2012

   An act to add Section 21168.10 to the Public Resources Code,
relating to environmental quality.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1214, as introduced, Cannella. Environmental quality:
California Environmental Quality Act: judicial review.
   The California Environmental Quality Act (CEQA) requires a lead
agency, as defined, to prepare, or cause to be prepared, and certify
the completion of, an environmental impact report (EIR) on a project
that it proposes to carry out or approve that may have a significant
effect on the environment or to adopt a negative declaration if it
finds that the project will not have that effect. CEQA 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 judicial review procedures for challenging a lead
agency action on the ground of noncompliance with CEQA.
   This bill would require a judicial proceeding challenging a
project, except for a high-speed rail project, located in a
distressed county, as defined, to be filed with the Court of Appeal
with geographic jurisdiction over the project.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Section 21168.10 is added to the Public Resources Code,
to read:
   21168.10.  (a) An action or proceeding brought pursuant to this
chapter challenging a project located in a distressed county shall be
filed with the Court of Appeal with geographic jurisdiction over the
project.
   (b) For the purpose of the section, a "distressed" county is a
county meeting two of the following criteria:
   (1) The county has an unemployment rate higher than the statewide
average for three consecutive months during the pendency of the
administrative proceeding pursuant to this division.
   (2) The poverty level in the county is higher than the statewide
average during the pendency of the administrative proceeding pursuant
to this division.
   (3) The foreclosure rate in the county is higher than the
statewide average during the pendency of the administrative
proceeding pursuant to this division.
   (c) This section does not apply to projects related to high-speed
rail.