Bill Text: CA SB973 | 2011-2012 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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BILL NUMBER: SB 973	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Vargas
   (Coauthor: Assembly Member Garrick)

                        JANUARY 19, 2012

   An act to add Section 21080.34 to the Public Resources Code,
relating to environmental quality.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 973, as introduced, 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.
   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. Because a lead
agency would be required to determine whether a project falls within
this exemption, this bill would impose a state-mandated local
program.
   (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 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.  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.