Bill Text: CA SB976 | 2009-2010 | Regular Session | Amended

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Bill Title: California Environmental Quality Act: exemption.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2010-05-13 - Returned to Secretary of Senate pursuant to Joint Rule 62(a). [SB976 Detail]

Download: California-2009-SB976-Amended.html

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BILL NUMBER: SB 976	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MARCH 22, 2010

INTRODUCED BY   Senator Hollingsworth

                        FEBRUARY 8, 2010

    An act to amend Section 65000 of the Government Code,
relating to land use.   An act to add Section 21080.20
to the Public Resources Code, relating to environmental quality and
declaring the urgency thereof, to take ef   fect
immediately. 



	LEGISLATIVE COUNSEL'S DIGEST


   SB 976, as amended, Hollingsworth.  Land use: Planning and
Zoning Law .   California Environmental Quality Act:
exemption.  
   (1) The existing California Environmental Quality Act requires a
lead agency to prepare an environmental impact report on a project
that it proposes to carry out or approve that may have a significant
effect on the environment, as defined, unless the project is exempt
from the act.  
   This bill would exempt from those CEQA requirements the expansion
of an existing overpass, onramp, or offramp that is built on an
easement or right-of-way under the control of a state or local
transportation agency, or a city, county, or city and county. By
imposing new duties on local governments with respect to determining
whether that exemption is applicable to specified highway expansion
projects, the 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.  
   (3) This bill would declare that it is to take effect immediately
as an urgency statute.  
   The Planning and Zoning Law, among other things, authorizes the
legislative body of a city or county to adopt zoning ordinances
regulating, among other things, the use of buildings, structures, and
land as between industry, business, residences, open space, and
other uses.  
   This bill would make a technical, nonsubstantive change to the
Planning and Zoning Law. 
   Vote:  majority   2/3  . Appropriation:
no. Fiscal committee:  no   yes  .
State-mandated local program:  no   yes  .


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

   SECTION 1.    Section 21080.20 is added to the Public
Resources Code, to read:  
   21080.20.  This division does not apply to the expansion of an
existing overpass, onramp, or offramp that is built on an easement or
right-of-way under the control of a state or local transportation
agency, a city, or county. 
   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. 
   SEC. 3.    This act is an urgency statute necessary
for the immediate preservation of the public peace, health, or safety
within the meaning of Article IV of the Constitution and shall go
into immediate effect. The facts constituting the necessity are:
 
   Due to the existing state of the economy and the need to spur job
creation, it is necessary that this act take effect immediately as an
urgency statute.  
  SECTION 1.    Section 65000 of the Government Code
is amended to read:
   65000.  This title shall be known and may be cited as the Planning
and Zoning Law.