BILL NUMBER: SB 666 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY SEPTEMBER 9, 2003
AMENDED IN ASSEMBLY JUNE 12, 2003
INTRODUCED BY Senator Bowen
(Coauthor: Senator Kuehl)
(Coauthors: Assembly Members Jerome Horton, Nakano, Pavley,
and Wesson)
FEBRUARY 21, 2003
An act to add Section 53121 to the Government Code,
relating to telecommunications. An act to add Section
66412.8 to the Government Code, and to add Section 21080.29 to the
Public Resources Code, relating to the environment.
LEGISLATIVE COUNSEL'S DIGEST
SB 666, as amended, Bowen. Emergency 911 service
Environment .
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.
This bill would provide that a project located in Los Angeles
County that is approved by a public agency before the effective date
of the bill is not in violation of any requirement of CEQA or the
Subdivision Map Act if certain transportation improvements are not
constructed due to the project owner's or developer's relinquishment
of easement rights within the coastal zone. The bill would require
the relinquishment of easement rights to be in connection with the
state acquiring a wetlands project that is a minimum of 400 acres in
size and located within the coastal zone.
The bill would also provide that an ordinance or regulation
adopted by a charter city or a general law city would not apply to
that easement right if the ordinance or regulation requires
construction of certain transportation improvements or would
otherwise require reprocessing or resubmittal of a permit or
approval.
The bill would require the Controller of the State of California
to direct the trustee of a specified trust to convey title of the
trust estate to the state under certain conditions. The bill would
provide that this conveyance supersedes any duty or obligation
imposed upon the Controller with respect to the disposition or
application of the net proceeds of the trust estate.
The bill would declare that it does not violate the requirements
of Section 16 of Article 1V of the California Constitution, in that,
due to the unique requirements of the property acquired by the state
pursuant to the bill, a law of a general nature cannot be made
applicable.
The bill would provide that it would not become operative unless
Assembly Bill 859 is enacted and takes effect on or before January 1,
2004.
Existing law requires telecommunications service providers and
public agencies to establish and implement a 911 emergency telephone
service that will provide customer location information to a public
safety agency when a 911 call is made. The Communications Division
of the Department of General Services is required to coordinate the
implementation of 911 service statewide.
This bill would require the Communications Division, no later than
March 31, 2004, and annually thereafter, to report to the
Legislature on the status of implementing 911 service in connection
with wireless telecommunications services.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 53121 is added to the Government Code, to read:
53121. The Communications Division of the Department of General
Services, shall, no later than March 31, 2004, and annually
thereafter, report to the Legislature on the status of implementing
911 service in connection with wireless telecommunications services.
SECTION 1. Section 66412.8 is added to the Government Code, to
read:
66412.8. (a) A project located in Los Angeles County that is
approved by a public agency before the effective date of the act
adding this section is not in violation of any requirement of this
division by reason of the failure to construct a roadway across the
property transferred to the state pursuant to subdivision (c) of
Section 21080.29 of the Public Resources Code and to construct a
bridge over the adjacent Ballona Channel in Los Angeles County,
otherwise required as a condition of approval of a vesting tentative
map or a tentative map, if all of the following conditions apply:
(1) The improvements specified in subdivision (a) are not
constructed, due in whole or in part, to the project owner's or
developer's relinquishment of easement rights to construct the
improvements.
(2) The easement rights specified in paragraph (1) are
relinquished in connection with the acquisition by the State of
California, acting by and through the Wildlife Conservation Board of
the Department of Fish and Game, of a wetlands project that is a
minimum of 400 acres in size and located in the coastal zone.
(b) Where the easement rights have been relinquished, any
municipal ordinance or regulation adopted by a charter city or a
general law city shall be inapplicable to the extent that the
ordinance or regulation requires construction of the transportation
improvements specified in subdivision (a), or would otherwise require
reprocessing or resubmittal of a permit or approval, including, but
not limited to, a final recorded map, a vesting tentative map, or a
tentative map, as a result of the transportation improvements
specified in subdivision (a) not being constructed.
SEC. 2. Section 21080.29 is added to the Public Resources Code, to
read:
21080.29. (a) A project located in Los Angeles County that is
approved by a public agency before the effective date of the act
adding this section is not in violation of any requirement of this
division by reason of the failure to construct a roadway across the
property transferred to the state pursuant to subdivision (c) and to
construct a bridge over the adjacent Ballona Channel in Los Angeles
County, otherwise required as a mitigation measure pursuant to this
division, if all of the following conditions apply:
(1) The improvements specified in this subdivision are not
constructed, due in whole or in part, to the project owner's or
developer's relinquishment of easement rights to construct those
improvements.
(2) The easement rights in paragraph (1) are relinquished in
connection with the State of California, acting by and through the
Wildlife Conservation Board of the Department of Fish and Game,
acquiring a wetlands project that is a minimum of 400 acres in size
and located within the coastal zone.
(b) Where those easement rights have been relinquished, any
municipal ordinance or regulation adopted by a charter city or a
general law city shall be inapplicable to the extent that the
ordinance or regulation requires construction of the transportation
improvements specified in subdivision (a), or would otherwise require
reprocessing or resubmittal of a permit or approval, including, but
not limited to, a final recorded map, a vesting tentative map, or a
tentative map, as a result of the transportation improvements
specified in subdivision (a) not being constructed.
(c) (1) If the Wildlife Conservation Board of the Department of
Fish and Game acquires property within the coastal zone that is a
minimum of 400 acres in size pursuant to a purchase and sale
agreement with Playa Capital Company, LLC, the Controller shall
direct the trustee under the Amendment to Declaration of Trust
entered into on or about December 11, 1984, by First Nationwide
Savings, as trustee, Summa Corporation, as trustor, and the
Controller, as beneficiary, known as the HRH Inheritance Tax Security
Trust, to convey title to the trust estate of the trust, including
real property commonly known as Playa Vista Area C, to the State of
California acting by and through the Wildlife Conservation Board of
the Department of Fish and Game for conservation, restoration, or
recreation purposes only, with the right to transfer the property for
those uses to any other agency of the State of California.
(2) This subdivision shall constitute the enabling legislation
required by the Amendment to Declaration of Trust to empower the
Controller to direct the trustee to convey title to the trust estate
under the HRH Inheritance Tax Security Trust to the State of
California or an agency thereof.
(3) The conveyance of the trust estate to the Wildlife
Conservation Board pursuant to this subdivision shall supersede any
duty or obligation imposed upon the Controller under the Probate Code
or the Revenue and Taxation Code with respect to the disposition or
application of the net proceeds of the trust estate.
SEC. 3. This bill does not violate the requirements of Section 16
of Article 4 of the California Constitution, in that, due to the
unique requirements of the property acquired by the state pursuant to
this act, a law of a general nature cannot be made applicable. The
Legislature acknowledges that easement rights for the construction of
certain transportation improvements required as a mitigation measure
and condition of approval for an adjacent development project
currently burden the property to which the state will get title, and
construction of those improvements is inconsistent with the state's
interest in the preservation of the property.
SEC. 4. This act shall not become operative unless Assembly Bill
859 is enacted and takes effect on or before January 1, 2004.