Bill Text: CA SB973 | 2011-2012 | Regular Session | Amended
Bill Title: Environmental quality: California Environmental Quality
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2012-07-02 - Set, second hearing. Failed passage in committee. Reconsideration granted. [SB973 Detail]
Download: California-2011-SB973-Amended.html
BILL NUMBER: SB 973 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 2, 2012
INTRODUCED BY Senator Vargas
(Coauthor: Assembly Member Garrick)
JANUARY 19, 2012
An act to add Section 65040.13 to the Government Code, and
to add Section 21080.34 21084.2
to the Public Resources Code, relating to environmental quality.
LEGISLATIVE COUNSEL'S DIGEST
SB 973, as amended, Vargas. Environmental quality: California
Environmental Quality Act: exemption: limited duration events.
(1) 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
exempts certain specified projects from its requirements
requires the Office of Planning and Research to
prepare and the Secretary of the Natural Resources Agency to certify
and adopt guidelines for the implementation of CEQA and requires the
guidelines to include a list of classes of projects which have been
determined not to have a significant effect on the environment and
exempts those classes of projects from the requirements of CEQA
(categorical exemption) .
This bill would exempt from CEQA the approval of a park
use or special events permit for a limited duration event, as
defined, for specified purposes that is located on public property,
within a public right of way, or within a defined event venue
authorize a lead agency to grant, on an annual basis,
one categorical exemption per specified site for a fireworks display
held annually on a public site or large venue . Because a lead
agency would be required to determine whether a project
falls within this exemption prohibited from granting
more than one specified categorical exemption per site for a
fireworks display , this bill would impose
increase the level of services provided by a local
agency and thereby impose a state-mandated local program.
The bill would authorize the office to identify potential
environmental issues related to fireworks displays and to develop
guidelines to assist local agencies regarding fireworks displays.
(2) 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.
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. Section 65040.13 is added to the
Government Code , to read:
65040.13. The office may evaluate issues related to events that
include fireworks displays and identify potential environmental
issues relating to fireworks displays, including air and water
quality, debris, display duration and timing, fire hazards, and
wildlife. Based on this evaluation, the office may develop guidelines
to assist local agencies in both of the following:
(a) Addressing and mitigating impacts at an event that includes
fireworks displays.
(b) Developing ordinances for events that include fireworks
displays.
SEC. 2. Section 21084.2 is added to the
Public Resources Code , to read:
21084.2. (a) A lead agency may grant to a firework display that
is held annually on a public site or at a large venue, as defined in
subdivision (c) of Section 42648, an exemption from this division
pursuant to Section 15304(e) of Title 14 of the California Code of
Regulations.
(b) The lead agency shall not grant more than one exemption
annually pursuant to subdivision (a) for a specific public site or
large venue.
(c) This section shall not affect the resolution of an action or
proceeding filed before January 1, 2013, alleging a public agency is
undertaking, or has granted approval for, a fireworks display in
violation of this division.
SECTION 1. Section 21080.34 is added to the
Public Resources Code, to read:
21080.34. (a) This division does not apply to the approval of a
park use or special events permit for a limited duration event for
civic, charitable, community development, or recreational purposes
that is located on public property, within a public right of way, or
within a defined event venue.
(b) (1) For the purposes of this section, "limited duration event"
means either of the following:
(A) A recreational tournament, sporting event, youth tournament,
racing or walking event, fireworks display, holiday celebration,
concert, military appreciation event, block party, wedding, job fair,
festival and parade, street fair, beach and neighborhood cleanup,
farmers' market, and art market.
(B) Other event of similar purpose lasting 48 hours or less.
(2) Limited duration event does not include an event requiring
earth movement, or erection or demolition of permanent structures.
(3) Limited duration event may, but is not required to, use public
agency services.
SEC. 2. SEC. 3. 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.
