Amended in Senate April 23, 2013

Senate BillNo. 731


Introduced by Senator Steinberg

February 22, 2013


An actbegin insert to amend, repeal, and add Section 705 of the Fish and Game Code, to amend Section 65457 ofend insertbegin insert the Government Code, to amend Section 44273 of the Health and Safety Code, and to amend Sections 21080, 21081.5, 21081.6, 21167, 21167.6, and 21168.9 of, to add Sections 21167.6.2 and 21167.6.3 to, and to add Chapter 2.7 (commencing with Section 21099) to Division 13 of, the Public Resources Code,end insert relating to the environment.

LEGISLATIVE COUNSEL’S DIGEST

SB 731, as amended, Steinberg. Environment: California Environmental Quality Act and sustainable communities strategy.

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The

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begin insert(1)end insertbegin insertend insertbegin insertTheend insert California Environmental Qualitybegin delete Act (CEQA)end deletebegin insert Act, or CEQA,end insert requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impactbegin delete report (EIR)end deletebegin insert report, or EIR,end insert 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.begin insert CEQA requires the Office of Planning and Research to develop and prepare, and the Secretary of the Natural Resources Agency to certify and adopt, guidelines for the implementation of CEQA by public agencies. CEQA establishes a procedure for the preparation and certification of the record of proceedings upon the filing of an action or proceeding challenging a lead agency’s action on the grounds of noncompliance with CEQA. CEQA establishes time periods within which a person is required to bring a judicial action or proceeding to challenge a public agency’s action taken pursuant to CEQA.end insert

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This bill would state the intent of the Legislature to enact legislation revising CEQA to, among other things, provide greater certainty for smart infill development, streamline the law for specified projects, and establish a threshold of significance for specified impacts.

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This bill would provide that aesthetic impacts of a residential, mixed-use residential, or employment center project, as defined, within a transit priority area, as defined, shall not be considered significant impacts on the environment. The bill would require the office to prepare and propose, and the Secretary of the Natural Resources Agency to certify and adopt, revisions to the guidelines for the implementation of CEQA establishing thresholds of significance for noise, and for the transportation and parking impacts of residential, mixed-use residential, or employment center projects within transit priority areas. The bill would require the lead agency, in making specified findings, to make those findings available to the public at least 15 days prior to the approval of the proposed project and to provide specified notice of the availability of the findings for public review. Because the bill would require the lead agency to make the draft finding available for public review and to provide specified notices to the public, this bill would impose a state-mandated local program. The bill would require the lead agency, at the request of a project applicant for specified projects, to, among other things, prepare a record of proceedings concurrently with the preparation of negative declarations, mitigated negative declarations, EIRs, or other environmental documents for specified projects. Because the bill would require a lead agency to prepare the record of proceedings as provided, this bill would impose a state-mandated local program. The bill would authorize the tolling of the time period in which a person is required to bring a judicial action or proceeding challenging a public agency’s action taken pursuant to CEQA through a tolling agreement that does not exceed 4 years. The bill would authorize the extension of the tolling agreement.

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(2) For mitigation measures required pursuant to an EIR or a mitigated negative declaration, CEQA requires the lead agency to adopt a reporting and monitoring program to ensure compliance with those required mitigation measures during project implementation.

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This bill would require the lead agency, as a part of the mitigation and monitoring plan, to prepare or cause to be prepared an annual report on project compliance with the required mitigation measures that is publicly available online. Because the lead agency would be required to prepare and make available this report, this bill would impose a state-mandated local program.

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(3) Existing law exempts from the requirements of CEQA residential development projects that are undertaken to implement, and are consistent with a specific plan for which an EIR has been certified after January 1, 1980. Existing law provides that this exemption does not apply if, after the certification of the EIR, a specified event occurs, unless a supplemental EIR for the specified plan is prepared and certified.

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This bill would specify that the event does not include new information consisting solely of argument, speculation, unsubstantiated opinion or narrative, evidence that is clearly inaccurate or erroneous, or evidence of social or economic impacts that do not contribute to, or are caused by, physical impacts on the environment.

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(4) CEQA requires the court, if the court finds that a public agency has violated the requirements of CEQA, to issue an order containing specified mandates.

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This bill would require the court to issue a peremptory writ of mandate specifying actions that a public agency needs to take to comply with the requirements of CEQA. The bill would require the writ to specify the time by which the public agency is to file an initial return to a writ containing specified information. Because a public agency would be required to file an initial return to a writ, this bill would impose a state-mandated local program.

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Existing

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begin insert(5)end insertbegin insertend insertbegin insertExistingend insert law requires the regional transportation plan for regions of the state with a metropolitan planning organization to each adopt a sustainable communities strategy, as part of their regional transportation plan, as specified, designed to achieve certain goals for the reduction of greenhouse gas emissions from automobiles and light trucks in a region. Existing law establishes the Strategic Growth Council to manage and award grants and loans to support the planning and development of sustainable communities strategies.begin insert Existing law establishes the Alternative and Renewable Fuel and Vehicle Technology Fund that is administered by the State Energy Resources Conservation and Development Commission. Existing law requires that moneys in the fund, upon appropriation by the Legislature, be expended by the commission to implement the Alternative and Renewable Fuel and Vehicle Technology Program to assist in the transition from the exclusive use of petroleum fuel to a diverse portfolio of viable alternative fuels that meet petroleum reduction and alternative fuel use goals and minimizing adverse environmental impacts.end insert

This bill wouldbegin delete state the intent of the Legislature to provideend deletebegin insert authorize, upon appropriation by the Legislature, the use ofend insert $30,000,000 annuallybegin delete toend deletebegin insert from the Alternative and Renewable Fuel and Vehicle Technology Fund byend insert the council for the purposes of providingbegin delete planning incentiveend deletebegin insert competitiveend insert grants to localbegin delete and regionalend delete agenciesbegin delete to update and implement general plans, sustainable communities strategies, and smart growth plans.end deletebegin insert for planning activities for the implementation of the sustainable communities strategy.end insert

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(6) This bill would, until January 1, 2017, establish in the office of the Governor the position of Advisor on Renewable Energy Facilities.

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(7) 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.

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This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.

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With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

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Vote: majority. Appropriation: no. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: begin deleteno end deletebegin insertyesend insert.

The people of the State of California do enact as follows:

P4    1

SECTION 1.  

(a) It is the intent of the Legislature to enact
2legislation to adopt provisions of Chapter 3 (commencing with
3Section 15000) of Division 6 of Title 14 of the California Code of
4Regulations (CEQA Guidelines) that are intended to provide greater
5certainty for smart infill development, such as Section 15183.3 of
6the CEQA Guidelines and related appendices that implement
7Chapter 469 of the Statutes of 2011. It is further the intent of the
P5    1Legislature to explore amendments to expand the definition of
2“infill” and to accommodate infill development in the Central
3Valley.

4(b) It is the intent of the Legislature to explore amendments to
5the California Environmental Quality Act (Division 13
6(commencing with Section 21000) of the Public Resources Code),
7to further streamline the law for renewable energy projects,
8advanced manufacturing projects, transit, bike, and pedestrian
9projects, and renewable energy transmission projects.

10(c) (1) It is the intent of the Legislature to update CEQA to
11establish a threshold of significance for noise, aesthetics, parking,
12and traffic levels of service, and thresholds relating to these land
13use impacts, so that project meeting those thresholds are not subject
14to further environmental review for those environmental impacts.
15It is further the intent of the Legislature to review other similar
16land-use- related impacts to determine if other thresholds of
17significance can be set.

18(2) It is not the intent of the Legislature to affect authority,
19consistent with CEQA, for a local agency to impose its own, more
20stringent thresholds.

21(3) It is not the intent of the Legislature to replace full CEQA
22analysis with state or local standards, with the exception of the
23land use standards described in paragraph (1).

24(d) It is the intent of the Legislature to amend Section 65456,
25which exempts from CEQA projects undertaken pursuant to a
26specific plan for which an EIR has been prepared, unless conditions
27specified under Section 21166 of the Public Resources Code have
28occurred, to define with greater specificity what “new information”
29means, and to avoid duplicative CEQA review for projects and
30activities that comply with that plan. It is further the intent of the
31Legislature to review the possibility of defining other types of
32plans to determine if similar treatment could be applied to those
33plans or portions of those plans that are consistent with sustainable
34communities strategies adopted pursuant to Section 65080 of the
35 Government Code or that have had a certified EIR within the past
36five years.

37(e) It is the intent of the Legislature to enact amendments to
38Section 21168.9 to establish clearer procedures for a trial court to
39remand to a lead agency for remedying only those portions of an
40EIR, negative declaration, or mitigated negative declaration found
P6    1to be in violation of CEQA, while retaining those portions that are
2not in violation so that the violations can be corrected, recirculated
3for public comment, and completed more efficiently and
4expeditiously. It is further the intent of the Legislature to explore
5options under which a court could allow project approvals to
6remain in place, and for projects to proceed.

7(f) It is the intent of the Legislature to amend Section 21091 of
8the Public Resources Code and related provisions of law to
9establish clear statutory rules under which “late hits” and
10“document dumps” are prohibited or restricted prior to certification
11of an EIR, if a project proponent or lead agency has not
12substantively changed the draft EIR or substantively modified the
13project.

14(g) It is the intent of the Legislature to provide $30 million
15annually to the Strategic Growth Council for the purposes of
16providing planning incentive grants to local and regional agencies
17to update and implement general plans, sustainable communities
18strategies, and smart growth plans pursuant to Chapter 728 of the
19Statutes of 2008.

20begin insert

begin insertSEC. 2.end insert  

end insert
begin insert

This act shall be known, and may be cited, as the CEQA
21Modernization Act of 2013.

end insert
22begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 705 of the end insertbegin insertFish and Game Codeend insertbegin insert is amended
23to read:end insert

24

705.  

(a) For purposes of this section, “eligible renewable
25energy resources” has the same meaning as in the California
26Renewables Portfolio Standard Program (Article 16 (commencing
27with Section 399.11) of Chapter 2.3 of Part 1 of Division 1 of the
28Public Utilities Code).

29(b) The department shall establish an internal division with the
30primary purpose of performing comprehensive planning and
31environmental compliance services with priority given to projects
32involving the building of eligible renewable energy resources.

33(c) The internal division shall ensure the timely completion of
34plans pursuant to the Natural Community Conservation Planning
35Act (Chapter 10 (commencing with Section 2800) of Division 3).

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36(d) The position of Advisor on Renewable Energy Facilities is
37hereby established in the office of the Governor.

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38(e) This section shall remain in effect only until January 1, 2017,
39and as of that date is repealed, unless a later enacted statute, that
40is enacted before January 1, 2017, deletes or extends that date.

end insert
P7    1begin insert

begin insertSEC. 4.end insert  

end insert

begin insertSection 705 is added to the end insertbegin insertFish and Game Codeend insertbegin insert, to
2read:end insert

begin insert
3

begin insert705.end insert  

(a) For purposes of this section, “eligible renewable
4energy resources” has the same meaning as in the California
5Renewables Portfolio Standard Program (Article 16 (commencing
6with Section 399.11) of Chapter 2.3 of Part 1 of Division 1 of the
7Public Utilities Code).

8(b) The department shall establish an internal division with the
9primary purpose of performing comprehensive planning and
10environmental compliance services with priority given to projects
11involving the building of eligible renewable energy resources.

12(c) The internal division shall ensure the timely completion of
13plans pursuant to the Natural Community Conservation Planning
14Act (Chapter 10 (commencing with Section 2800) of Division 3).

15(d) This section shall become operative on January 1, 2017.

end insert
16begin insert

begin insertSEC. 5.end insert  

end insert

begin insertSection 65457 of the end insertbegin insertGovernment Codeend insertbegin insert is amended to
17read:end insert

18

65457.  

(a) begin deleteAny end deletebegin insertA end insertresidential development project, including
19any subdivision, or any zoning change that is undertaken to
20begin delete implementend deletebegin insert implement,end insert and is consistentbegin delete withend deletebegin insert with,end insert a specific plan
21for which an environmental impact report has been certified after
22January 1, 1980, is exempt from the requirements of Division 13
23(commencing with Section 21000) of the Public Resources Code.
24However, if after adoption of the specific plan, an event as specified
25in Section 21166 of the Public Resources Code occurs, the
26exemption provided by this subdivision does not apply unless and
27until a supplemental environmental impact report for the specific
28plan is prepared and certified in accordance with the provisions
29of Division 13 (commencing with Section 21000) of the Public
30Resources Code. After a supplemental environmental impact report
31is certified, the exemption specified in this subdivision applies to
32projects undertaken pursuant to the specific plan.

33(b) An action or proceeding alleging that a public agency has
34approved a project pursuant to a specific plan without having
35previously certified a supplemental environmental impact report
36for the specific plan, where required by subdivision (a), shall be
37commenced within 30 days of the public agency’s decision to carry
38out or approve the project.

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39(c) For the purposes of this section, “an event as specified in
40Section 21166 of the Public Resources Code” does not include
P8    1any new information consisting solely of argument, speculation,
2unsubstantiated opinion or narrative, evidence that is clearly
3inaccurate or erroneous, or evidence of social or economic impacts
4that do not contribute to, or are caused by, physical impacts on
5the environment.

end insert
6begin insert

begin insertSEC. 6.end insert  

end insert

begin insertSection 44273 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
7amended to read:end insert

8

44273.  

(a) The Alternative and Renewable Fuel and Vehicle
9Technology Fund is hereby created in the State Treasury, to be
10administered by the commission. The moneys in the fund, upon
11appropriation by the Legislature, shall be expended by the
12commission to implement the Alternative and Renewable Fuel and
13Vehicle Technology Program in accordance with this chapter.

14(b) Notwithstanding any otherbegin delete provision ofend delete law, the sum of ten
15million dollars ($10,000,000) shall be transferred annually from
16the Public Interest Research, Development, and Demonstration
17Fund created by Section 384 of the Public Utilities Code to the
18Alternative and Renewable Fuel and Vehicle Technology Fund.
19Prior to the award of any funds from this source, the commission
20shall make a determination that the proposed project will provide
21benefits to electric or natural gas ratepayers based upon the
22commission’s adopted criteria.

23(c) Beginning with the integrated energy policy report adopted
24in 2011, and in the subsequent reports adopted thereafter, pursuant
25to Section 25302 of the Public Resources Code, the commission
26shall include an evaluation of research, development, and
27deployment efforts funded by this chapter. The evaluation shall
28include all of the following:

29(1) A list of projects funded by the Alternative and Renewable
30Fuel and Vehicle Technology Fund.

31(2) The expected benefits of the projects in terms of air quality,
32petroleum use reduction, greenhouse gas emissions reduction,
33 technology advancement, and progress towards achieving these
34benefits.

35(3) The overall contribution of the funded projects toward
36promoting a transition to a diverse portfolio of clean, alternative
37transportation fuels and reduced petroleum dependency in
38California.

39(4) Key obstacles and challenges to meeting these goals
40identified through funded projects.

P9    1(5) Recommendations for future actions.

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2(d) Notwithstanding any other law, the sum of thirty million
3dollars ($30,000,000) may be appropriated by the Legislature in
4the annual Budget Act to the Strategic Growth Council to provide
5competitive grants to local agencies for planning activities
6pursuant to Chapter 4.2 (commencing with Section 21155) of
7Division 13 of the Public Resources Code.

end insert
8begin insert

begin insertSEC. 7.end insert  

end insert

begin insertSection 21080 of the end insertbegin insertPublic Resources Codeend insertbegin insert is
9amended to read:end insert

10

21080.  

(a) Except as otherwise provided in this division, this
11division shall apply to discretionary projects proposed to be carried
12out or approved by public agencies, including, but not limited to,
13the enactment and amendment of zoning ordinances, the issuance
14of zoning variances, the issuance of conditional use permits, and
15the approval of tentative subdivision maps unless the project is
16exempt from this division.

17(b) This division does not apply to any of the following
18activities:

19(1) Ministerial projects proposed to be carried out or approved
20by public agencies.

21(2) Emergency repairs to public service facilities necessary to
22maintain service.

23(3) Projects undertaken, carried out, or approved by a public
24agency to maintain, repair, restore, demolish, or replace property
25or facilities damaged or destroyed as a result of a disaster in a
26disaster-stricken area in which a state of emergency has been
27proclaimed by the Governor pursuant to Chapter 7 (commencing
28with Section 8550) of Division 1 of Title 2 of the Government
29Code.

30(4) Specific actions necessary to prevent or mitigate an
31emergency.

32(5) Projects which a public agency rejects or disapproves.

33(6) Actions undertaken by a public agency relating to any
34thermal powerplant site or facility, including the expenditure,
35obligation, or encumbrance of funds by a public agency for
36planning, engineering, or design purposes, or for the conditional
37sale or purchase of equipment, fuel, water (except groundwater),
38steam, or power for a thermal powerplant, if the powerplant site
39and related facility will be the subject of an environmental impact
40report, negative declaration, or other document, prepared pursuant
P10   1to a regulatory program certified pursuant to Section 21080.5,
2which will be prepared by the State Energy Resources Conservation
3and Development Commission, by the Public Utilities Commission,
4or by the city or county in which the powerplant and related facility
5would be located if the environmental impact report, negative
6declaration, or document includes the environmental impact, if
7any, of the action described in this paragraph.

8(7) Activities or approvals necessary to the bidding for, hosting
9or staging of, and funding or carrying out of, an Olympic games
10under the authority of the International Olympic Committee, except
11for the construction of facilities necessary for the Olympic games.

12(8) The establishment, modification, structuring, restructuring,
13or approval of rates, tolls, fares, or other charges by public agencies
14which the public agency finds are for the purpose of (A) meeting
15operating expenses, including employee wage rates and fringe
16benefits, (B) purchasing or leasing supplies, equipment, or
17materials, (C) meeting financial reserve needs and requirements,
18(D) obtaining funds for capital projects necessary to maintain
19service within existing service areas, or (E) obtaining funds
20necessary to maintain those intracity transfers as are authorized
21by city charter. The public agency shall incorporate written findings
22in the record of any proceeding in which an exemption under this
23paragraph is claimed setting forth with specificity the basis for the
24claim of exemption.

25(9) All classes of projects designated pursuant to Section 21084.

26(10) A project for the institution or increase of passenger or
27commuter services on rail or highway rights-of-way already in
28use, including modernization of existing stations and parking
29facilities.

30(11) A project for the institution or increase of passenger or
31commuter service on high-occupancy vehicle lanes already in use,
32including the modernization of existing stations and parking
33facilities.

34(12) Facility extensions not to exceed four miles in length which
35are required for the transfer of passengers from or to exclusive
36public mass transit guideway or busway public transit services.

37(13) A project for the development of a regional transportation
38improvement program, the state transportation improvement
39program, or a congestion management program prepared pursuant
40to Section 65089 of the Government Code.

P11   1(14) Any project or portion thereof located in another state
2which will be subject to environmental impact review pursuant to
3the National Environmental Policy Act of 1969 (42 U.S.C. Sec.
44321 et seq.) or similar state laws of that state. Any emissions or
5discharges that would have a significant effect on the environment
6in this state are subject to this division.

7(15) Projects undertaken by a local agency to implement a rule
8or regulation imposed by a state agency, board, or commission
9under a certified regulatory program pursuant to Section 21080.5.
10Any site-specific effect of the project which was not analyzed as
11a significant effect on the environment in the plan or other written
12documentation required by Section 21080.5 is subject to this
13division.

14(c) If a lead agency determines that a proposed project, not
15otherwise exempt from this division, would not have a significant
16effect on the environment, the lead agency shall adopt a negative
17declaration to that effect. The negative declaration shall be prepared
18for the proposed project in either of the following circumstances:

19(1) There is no substantial evidence, in light of the whole record
20before the lead agency, that the project may have a significant
21effect on the environment.

22(2) An initial study identifies potentially significant effects on
23the environment, but (A) revisions in the project plans or proposals
24made by, or agreed to by, the applicant before the proposed
25negative declaration and initial study are released for public review
26would avoid the effects or mitigate the effects to a point where
27clearly no significant effect on the environment would occur, and
28(B) there is no substantial evidence, in light of the whole record
29before the lead agency, that the project, as revised, may have a
30significant effect on the environment.

31(d) If there is substantial evidence, in light of the whole record
32before the lead agency, that the project may have a significant
33effect on the environment, an environmental impact report shall
34be prepared.

35(e) (1) For the purposes of this section and this division,
36substantial evidence includes fact, a reasonable assumption
37predicated upon fact, or expert opinion supported by fact.

38(2) Substantial evidence is not argument, speculation,
39unsubstantiated opinion or narrative, evidence that is clearly
40inaccurate or erroneous, or evidence of social or economic impacts
P12   1that do not contribute to, or are not caused by, physical impacts
2on the environment.

3(f) As a result of the public review process for a mitigated
4negative declaration, including administrative decisions and public
5hearings, the lead agency may conclude that certain mitigation
6measures identified pursuant to paragraph (2) of subdivision (c)
7are infeasible or otherwise undesirable. In those circumstances,
8the lead agency, prior to approving the project, may delete those
9mitigation measures and substitute for them other mitigation
10measures that the lead agency finds, after holding a public hearing
11on the matter, are equivalent or more effective in mitigating
12significant effects on the environment to a less than significant
13level and that do not cause any potentially significant effect on the
14environment. If those new mitigation measures are made conditions
15of project approval or are otherwise made part of the project
16approval, the deletion of the former measures and the substitution
17of the new mitigation measures shall not constitute an action or
18circumstance requiring recirculation of the mitigated negative
19declaration.

20(g) begin deleteNothing in this end deletebegin insertThis end insertsectionbegin delete shallend deletebegin insert does notend insert preclude a project
21applicant or any other person from challenging, in an administrative
22or judicial proceeding, the legality of a condition of project
23approval imposed by the lead agency. If, however, any condition
24of project approval set aside by either an administrative body or
25court was necessary to avoid or lessen the likelihood of the
26occurrence of a significant effect on the environment, the lead
27agency’s approval of the negative declaration and project shall be
28invalid and a new environmental review process shall be conducted
29before the project can be reapproved, unless the lead agency
30substitutes a new condition that the lead agency finds, after holding
31a public hearing on the matter, is equivalent to, or more effective
32in, lessening or avoiding significant effects on the environment
33and that does not cause any potentially significant effect on the
34environment.

begin insert

35(h) A project applicant for a renewable energy project may
36present to the public agency, orally or in writing, the benefits onsite
37or offsite of the project, including, but not limited to, measures
38that will mitigate greenhouse gas emissions resulting from the
39project or measures that will significantly reduce traffic, improve
P13   1air quality or replace higher emitting energy sources, and other
2significant environmental or public health impacts.

end insert
3begin insert

begin insertSEC. 8.end insert  

end insert

begin insertSection 21081.5 of the end insertbegin insertPublic Resources Codeend insertbegin insert is
4amended to read:end insert

5

21081.5.  

begin insert(a)end insertbegin insertend insertIn making the findings required by paragraph (3)
6of subdivision (a)begin delete ofend deletebegin insert of, and subdivision (b) of,end insert Section 21081, the
7public agency shall base its findings on substantial evidence in the
8record.begin insert Those findings shall be made available in draft form for
9review by the members of the public for at least 15 days prior to
10approval of the proposed project.end insert

begin insert

11(b) To make the draft findings available to the members of the
12public for the purposes of subdivision (a), the lead agency shall
13provide a notice of availability of the findings for review either at
14the lead agency’s office during normal business hours and online
15through all of the following mechanisms:

end insert
begin insert

16(1) Publication in a newspaper of general circulation in the
17area affected by the proposed project. If more than one area will
18be affected, the notice shall be published in the newspaper with
19the largest circulation from among the newspapers of general
20circulation in those areas.

end insert
begin insert

21(2) By electronic mail, if available, and mail to the last known
22name and address of all individuals and organizations that have
23submitted timely comments on the draft environmental impact
24report.

end insert
begin insert

25(3) By electronic mail, if available, and mail to responsible and
26trustee agencies that have submitted timely comments on the draft
27environmental impact report.

end insert
begin insert

28(4) By electronic mail, if available, and mail to the project
29applicant, if different from the lead agency, and the applicant’s
30duly authorized agent.

end insert
begin insert

31(5) By electronic mail, if available, and mail to a person who
32has filed a written request for notice with the clerk of the governing
33body, if there is no governing body, the director of the agency.

end insert
34begin insert

begin insertSEC. 9.end insert  

end insert

begin insertSection 21081.6 of the end insertbegin insertPublic Resources Codeend insertbegin insert is
35amended to read:end insert

36

21081.6.  

(a) When making the findings required by paragraph
37(1) of subdivision (a) of Section 21081 or when adopting a
38mitigated negative declaration pursuant to paragraph (2) of
39subdivision (c) of Section 21080, the following requirements shall
40apply:

P14   1(1)  The public agency shall adopt a reporting or monitoring
2program for the changes made to the project or conditions of
3project approval, adopted in order to mitigate or avoid significant
4effects on the environment. The reporting or monitoring program
5shall be designed to ensure compliance during project
6implementation. For those changes which have been required or
7incorporated into the project at the request of a responsible agency
8or a public agency having jurisdiction by law over natural resources
9affected by the project, that agency shall, if so requested by the
10lead agency or a responsible agency, prepare and submit a proposed
11reporting or monitoring program.

12(2) The lead agency shall specify the location and custodian of
13the documents or other material which constitute the record of
14proceedings upon which its decision is based.

15(b) A public agency shall provide that measures to mitigate or
16avoid significant effects on the environment are fully enforceable
17through permit conditions, agreements, or other measures.
18Conditions of project approval may be set forth in referenced
19documents which address required mitigation measures or, in the
20case of the adoption of a plan, policy, regulation, or other public
21project, by incorporating the mitigation measures into the plan,
22policy, regulation, or project design.

23(c) Prior to the close of the public review period for a draft
24environmental impact report or mitigated negative declaration, a
25responsible agency, or a public agency having jurisdiction over
26natural resources affected by the project, shall either submit to the
27lead agency complete and detailed performance objectives for
28mitigation measures which would address the significant effects
29on the environment identified by the responsible agency or agency
30having jurisdiction over natural resources affected by the project,
31or refer the lead agency to appropriate, readily available guidelines
32or reference documents. Any mitigation measures submitted to a
33lead agency by a responsible agency or an agency having
34jurisdiction over natural resources affected by the project shall be
35limited to measures which mitigate impacts to resources which
36are subject to the statutory authority of, and definitions applicable
37to, that agency. Compliance or noncompliance by a responsible
38agency or agency having jurisdiction over natural resources
39affected by a project with that requirement shall not limit the
40authority of the responsible agency or agency having jurisdiction
P15   1over natural resources affected by a project, or the authority of the
2lead agency, to approve, condition, or deny projects as provided
3by this division or any other provision of law.

begin insert

4(d) As a part of the mitigation monitoring plan established
5pursuant to this section, the lead agency shall prepare or cause
6to be prepared an annual report on project compliance with
7mitigation measures required pursuant to this division. The report
8shall be made publicly available online to enhance public
9disclosure and accountability.

end insert
10begin insert

begin insertSEC. 10.end insert  

end insert

begin insertChapter 2.7 (commencing with Section 21099) is
11added to Division 13 of the end insert
begin insertPublic Resources Codeend insertbegin insert, to read:end insert

begin insert

12 

13Chapter  begin insert2.7.end insert Standardized Thresholds of Significance
14for Environmentally Beneficial Projects
15

 

16

begin insert21099.end insert  

(a) For purposes of this section, the following terms
17mean the following:

18(1) “Employment center project” means a project located on
19property zoned for commercial uses with a floor area ratio of no
20less than 0.75 and that is located within one-half mile of a major
21transit stop or high-quality transit corridor included in a regional
22transportation plan.

23(2) “Floor area ratio” means the ratio of gross building area
24of the development, excluding structured parking areas, proposed
25for the project divided by the net lot area.

26(3) “Gross building area” means the sum of all finished areas
27of all floors of a building included within the outside faces of its
28exterior walls.

29(4) “Lot” means all parcels utilized by the project.

30(5) “Net lot area” means the area of a lot, excluding publicly
31dedicated land and private streets that meet local standards, and
32other public use areas as determined by the local land use
33authority.

34(6) “Transit priority area” means an area within one-half mile
35of a major transit stop that is existing or planned, if the planned
36stop is scheduled to be completed within the planning horizon
37established by Section 450.322 of Title 23 of the Code of Federal
38Regulations.

39(b) (1) The Office of Planning and Research shall prepare and
40propose revisions to the guidelines adopted pursuant to Section
P16   121083, and submit to the Secretary of the Natural Resources
2Agency for certification and adoption of, thresholds of significance
3for noise, and for the transportation and parking impacts for
4residential, mixed-use residential, or employment center projects
5within transit priority areas. The thresholds of significance shall
6be based upon a project’s proximity to a multimodal transportation
7network, its overall transportation accessibility, and its proximity
8to a diversity of land uses.

9(2) On or before July 1, 2014, the Office of Planning and
10Research shall circulate a draft revision prepared pursuant
11paragraph (1).

12(c) (1) Aesthetic impacts of a residential, mixed-use residential,
13or employment center project within a priority transit area shall
14not be considered significant impacts on the environment.

15(2) This subdivision does not affect, change, or modify the
16authority of a lead agency to consider aesthetic impacts pursuant
17to local design review ordinances or other discretionary powers
18provided by other laws or policies.

19(d) This section does not affect the authority of a public agency
20from establishing or adopting transportation or parking standards
21applicable to projects or more stringent thresholds of significance.

end insert
22begin insert

begin insertSEC. 11.end insert  

end insert

begin insertSection 21167 of the end insertbegin insertPublic Resources Codeend insertbegin insert is
23amended to read:end insert

24

21167.  

An action or proceeding to attack, review, set aside,
25void, or annul the following acts or decisions of a public agency
26on the grounds of noncompliance with this division shall be
27commenced as follows:

28(a) An action or proceeding alleging that a public agency is
29carrying out or has approved a project that may have a significant
30effect on the environment without having determined whether the
31project may have a significant effect on the environment shall be
32commenced within 180 days from the date of the public agency’s
33decision to carry out or approve the project, or, if a project is
34undertaken without a formal decision by the public agency, within
35180 days from the date of commencement of the project.

36(b) An action or proceeding alleging that a public agency has
37improperly determined whether a project may have a significant
38effect on the environment shall be commenced within 30 days
39from the date of the filing of the notice required by subdivision
40(a) of Section 21108 or subdivision (a) of Section 21152.

P17   1(c) An action or proceeding alleging that an environmental
2impact report does not comply with this division shall be
3commenced within 30 days from the date of the filing of the notice
4required by subdivision (a) of Section 21108 or subdivision (a) of
5Section 21152 by the lead agency.

6(d) An action or proceeding alleging that a public agency has
7improperly determined that a project is not subject to this division
8pursuant to subdivision (b) of Section 21080 or Section 21172
9shall be commenced within 35 days from the date of the filing by
10the public agency, or person specified in subdivision (b) or (c) of
11Section 21065, of the notice authorized by subdivision (b) of
12Section 21108 or subdivision (b) of Section 21152. If the notice
13has not been filed, the action or proceeding shall be commenced
14within 180 days from the date of the public agency’s decision to
15carry out or approve the project, or, if a project is undertaken
16without a formal decision by the public agency, within 180 days
17from the date of commencement of the project.

18(e) An action or proceeding alleging that another act or omission
19of a public agency does not comply with this division shall be
20commenced within 30 days from the date of the filing of the notice
21required by subdivision (a) of Section 21108 or subdivision (a) of
22Section 21152.

23(f) If a person has made a written request to the public agency
24for a copy of the notice specified in Section 21108 or 21152 prior
25to the date on which the agency approves or determines to carry
26out the project, then not later than five days from the date of the
27agency’s action, the public agency shall deposit a written copy of
28the notice addressed to that person in the United States mail, first
29class postage prepaid. The date upon which this notice is mailed
30shall not affect the time periods specified in subdivisions (b), (c),
31(d), and (e).

begin insert

32(g) The limitation period provided pursuant to this section may
33be tolled for a period not to exceed four years if the agreement to
34toll the limitation period is in writing and signed by the party
35asserting noncompliance with this division, the public agency, and
36the real party in interest, as specified in subdivision (a) of Section
3721167.6.5, if any. The tolling agreement shall bar a defense to any
38action filed pursuant to this division that the action was not
39commenced within the time period specified in this section. Prior
40to the expiration of the tolling agreement, the tolling agreement
P18   1may be renewed for a further period not to exceed four years from
2the immediately preceding tolling agreement. The extension of the
3tolling agreement may be made successively.

end insert
4begin insert

begin insertSEC. 12.end insert  

end insert

begin insertSection 21167.6 of the end insertbegin insertPublic Resources Codeend insertbegin insert is
5amended to read:end insert

6

21167.6.  

Notwithstanding any other provision of law, in all
7actions or proceedings brought pursuant to Section 21167, except
8begin insert as provided in Section 21167.6.2 orend insert those involving the Public
9Utilities Commission, all of the following shall apply:

10(a) At the time that the action or proceeding is filed, the plaintiff
11or petitioner shall file a request that the respondent public agency
12prepare the record of proceedings relating to the subject of the
13action or proceeding. The request, together with the complaint or
14petition, shall be served personally upon the public agency not
15later than 10 business days from the date that the action or
16proceeding was filed.

17(b) (1) The public agency shall prepare and certify the record
18of proceedings not later than 60 days from the date that the request
19specified in subdivision (a) was served upon the public agency.
20Upon certification, the public agency shall lodge a copy of the
21record of proceedings with the court and shall serve on the parties
22notice that the record of proceedings has been certified and lodged
23with the court. The parties shall pay any reasonable costs or fees
24imposed for the preparation of the record of proceedings in
25conformance with any law or rule of court.

26(2) The plaintiff or petitioner may elect to prepare the record
27of proceedings or the parties may agree to an alternative method
28of preparation of the record of proceedings, subject to certification
29of its accuracy by the public agency, within the time limit specified
30in this subdivision.

31(c) The time limit established by subdivision (b) may be
32extended only upon the stipulation of all parties who have been
33properly served in the action or proceeding or upon order of the
34court. Extensions shall be liberally granted by the court when the
35size of the record of proceedings renders infeasible compliance
36with that time limit. There is no limit on the number of extensions
37that may be granted by the court, but no single extension shall
38exceed 60 days unless the court determines that a longer extension
39is in the public interest.

P19   1(d) If the public agency fails to prepare and certify the record
2within the time limit established in paragraph (1) of subdivision
3(b), or any continuances of that time limit, the plaintiff or petitioner
4may move for sanctions, and the court may, upon that motion,
5grant appropriate sanctions.

6(e) The record of proceedings shall include, but is not limited
7to, all of the following items:

8(1) All project application materials.

9(2) All staff reports and related documents prepared by the
10respondent public agency with respect to its compliance with the
11substantive and procedural requirements of this division and with
12respect to the action on the project.

13(3) All staff reports and related documents prepared by the
14respondent public agency and written testimony or documents
15submitted by any person relevant to any findings or statement of
16overriding considerations adopted by the respondent agency
17pursuant to this division.

18(4) Any transcript or minutes of the proceedings at which the
19decisionmaking body of the respondent public agency heard
20testimony on, or considered any environmental document on, the
21project, and any transcript or minutes of proceedings before any
22advisory body to the respondent public agency that were presented
23to the decisionmaking body prior to action on the environmental
24documents or on the project.

25(5) All notices issued by the respondent public agency to comply
26with this division or with any other law governing the processing
27and approval of the project.

28(6) All written comments received in response to, or in
29connection with, environmental documents prepared for the project,
30including responses to the notice of preparation.

31(7) All written evidence or correspondence submitted to, or
32transferred from, the respondent public agency with respect to
33compliance with this division or with respect to the project.

34(8) Any proposed decisions or findings submitted to the
35decisionmaking body of the respondent public agency by its staff,
36or the project proponent, project opponents, or other persons.

37(9) The documentation of the final public agency decision,
38including the final environmental impact report, mitigated negative
39declaration, or negative declaration, and all documents, in addition
40to those referenced in paragraph (3), cited or relied on in the
P20   1findings or in a statement of overriding considerations adopted
2pursuant to this division.

3(10) Any other written materials relevant to the respondent
4public agency’s compliance with this division or to its decision on
5the merits of the project, including the initial study, any drafts of
6any environmental document, or portions thereof, that have been
7released for public review, and copies of studies or other documents
8relied upon in any environmental document prepared for the project
9and either made available to the public during the public review
10period or included in the respondent public agency’s files on the
11project, and all internal agency communications, including staff
12notes and memoranda related to the project or to compliance with
13this division.

14(11) The full written record before any inferior administrative
15decisionmaking body whose decision was appealed to a superior
16administrative decisionmaking body prior to the filing of litigation.

17(f) In preparing the record of proceedings, the party preparing
18the record shall strive to do so at reasonable cost in light of the
19scope of the record.

20(g) The clerk of the superior court shall prepare and certify the
21clerk’s transcript on appeal not later than 60 days from the date
22that the notice designating the papers or records to be included in
23the clerk’s transcript was filed with the superior court, if the party
24or parties pay any costs or fees for the preparation of the clerk’s
25transcript imposed in conformance with any law or rules of court.
26Nothing in this subdivision precludes an election to proceed by
27appendix, as provided in Rule 8.124 of the California Rules of
28Court.

29(h) Extensions of the period for the filing of any brief on appeal
30may be allowed only by stipulation of the parties or by order of
31the court for good cause shown. Extensions for the filing of a brief
32on appeal shall be limited to one 30-day extension for the
33preparation of an opening brief, and one 30-day extension for the
34preparation of a responding brief, except that the court may grant
35a longer extension or additional extensions if it determines that
36there is a substantial likelihood of settlement that would avoid the
37necessity of completing the appeal.

38(i) At the completion of the filing of briefs on appeal, the
39appellant shall notify the court of the completion of the filing of
P21   1briefs, whereupon the clerk of the reviewing court shall set the
2appeal for hearing on the first available calendar date.

3begin insert

begin insertSEC. 13.end insert  

end insert

begin insertSection 21167.6.2 is added to the end insertbegin insertPublic Resources
4Code
end insert
begin insert, to read:end insert

begin insert
5

begin insert21167.6.2.end insert  

(a) (1)  Notwithstanding Section 21167.6, for a
6project described in Section 21167.6.3, the lead agency, upon the
7written request of a project applicant received no later than 30
8days after the date that the lead agency makes a determination
9pursuant to subdivision (a) of Section 21080.1, Section 21094.5,
10or Chapter 4.2 (commencing with Section 21155), shall prepare
11and certify the record of proceedings in the following manner:

12(A) The lead agency for the project shall prepare the record of
13proceedings pursuant to this division concurrently with the
14administrative process.

15(B) All documents and other materials placed in the record of
16proceedings shall be posted on, and be downloadable from, an
17Internet Web site maintained by the lead agency commencing with
18the date of the release of the draft environmental document for a
19project specified in Section 21167.6.3. If the lead agency cannot
20maintain an Internet Web site with the information required
21pursuant to this section, the lead agency shall provide a link on
22the agency’s Internet Web site to that information.

23(C) The lead agency shall make available to the public in a
24readily accessible electronic format the draft environmental
25document for a project specified in Section 21167.6.3, and all
26other documents submitted to, cited by, or relied on by the lead
27agency, in the preparation of the draft environmental document
28for a project specified in Section 21167.6.3.

29(D) A document prepared by the lead agency or submitted by
30the applicant after the date of the release of the draft environmental
31document for a project specified in Section 21167.6.3 that is a part
32of the record of the proceedings shall be made available to the
33public in a readily accessible electronic format within five business
34days after the document is released or received by the lead agency.

35(E) The lead agency shall encourage written comments on the
36project to be submitted in a readily accessible electronic format,
37and shall make any comment available to the public in a readily
38accessible electronic format within five business days of its receipt.

39(F) Within seven business days after the receipt of any comment
40that is not in an electronic format, the lead agency shall convert
P22   1that comment into a readily accessible electronic format and make
2it available to the public in that format.

3(G) The lead agency shall certify the record of proceedings
4within 30 days after the filing of the notice required pursuant to
5Section 21108 or 21152.

6(2) This subdivision does not require the disclosure or posting
7of any trade secret as defined in Section 6254.7 of the Government
8Code, information about the location of archeological sites or
9sacred lands, or any other information that is subject to the
10disclosure restrictions of Section 6254 of the Government Code.

11(b) Any dispute regarding the record of proceedings shall be
12resolved by the court in an action or proceeding brought pursuant
13to subdivision (b) or (c) of Section 21167.

14(c) The content of the record of proceedings shall be as specified
15in subdivision (e) of Section 21167.6.

16(d) Subdivisions (g) to (i), inclusive, of Section 21167.6 are
17applicable to an appeal of a decision in an action or proceeding
18brought pursuant to subdivision (b) or (c) of Section 21167.

19(e) The negative declaration, mitigated negative declaration,
20draft and final environmental impact report, or other
21environmental document for a project specified in Section
2221167.6.3 shall include a notice in no less than 12-point type
23stating the following:


25“THIS NEGATIVE DECLARATION, MITIGATED NEGATIVE
26DECLARATION, EIR, OR ENVIRONMENTAL DOCUMENT IS
27SUBJECT TO SECTIONS 21167.6.2 AND 21167.6.3 OF THE
28PUBLIC RESOURCES CODE, WHICH REQUIRES THE
29RECORD OF PROCEEDINGS FOR THIS PROJECT TO BE
30PREPARED CONCURRENTLY WITH THE ADMINISTRATIVE
31PROCESS, DOCUMENTS PREPARED BY, OR SUBMITTED TO,
32THE LEAD AGENCY TO BE POSTED ON THE LEAD AGENCY’S
33INTERNET WEB SITE, AND THE LEAD AGENCY TO
34ENCOURAGE WRITTEN COMMENTS ON THE PROJECT TO
35BE SUBMITTED TO THE LEAD AGENCY IN A READILY
36ACCESSIBLE ELECTRONIC FORMAT.”


38(f) For a lead agency that is a state agency, this section shall
39apply if the state agency consents to the preparation of the record
40of proceedings pursuant to this section.

end insert
P23   1begin insert

begin insertSEC. 14.end insert  

end insert

begin insertSection 21167.6.3 is added to the end insertbegin insertPublic Resources
2Code
end insert
begin insert, to read:end insert

begin insert
3

begin insert21167.6.3.end insert  

(a) Section 21167.6.2 applies to the record of
4proceedings for the preparation of a negative declaration,
5mitigated negative declaration, environmental impact report, or
6other environmental document prepared for any of the following:

7(1) A project determined to be of statewide, regional, or
8areawide environmental significance pursuant to subdivision (d)
9of Section 21083.

10(2) A project subject to Section 21094.5 of Chapter 4.2
11(commencing with Section 21155).

12(3) (A) A project, other than those described in paragraph (1)
13or (2), for which the project applicant has requested for, and the
14 lead agency consents to, the preparation for the record of
15proceeding pursuant to this section and Section 21167.6.2.

16(B) The lead agency shall respond to a request by the project
17applicant within 10 business days from the date that the request
18pursuant to subdivision (a) of Section 21167.6.2 is received by the
19lead agency.

20(C) A project applicant and the lead agency may mutually agree,
21in writing, to extend the time period for the lead agency to respond
22pursuant to subparagraph (B), but they shall not extend that period
23beyond the commencement of the public review period for the
24proposed negative declaration, mitigated negative declaration,
25draft environmental impact report, or other environmental
26document.

27(D) The request to prepare a record of proceedings pursuant
28to this paragraph shall be deemed denied if the lead agency fails
29to respond within 10 business days of receiving the request or
30within the time period agreed upon pursuant to subparagraph (C),
31whichever ends later.

32(b) The written request of the applicant submitted pursuant to
33subdivision (a) of Section 21167.6.2 shall include an agreement
34to pay all of the lead agency’s costs of preparing and certifying
35the record of proceedings pursuant to Section 21167.6.2 and
36complying with the requirements of this section and Section
3721167.6.2 in a manner specified by the lead agency.

38(c) The cost of preparing the record of proceedings pursuant
39to Section 21167.6.2 and complying with the requirements of this
P24   1section and Section 21167.6.2 are not recoverable costs pursuant
2to Section 1033 of the Code of Civil Procedure.

end insert
3begin insert

begin insertSEC. 15.end insert  

end insert

begin insertSection 21168.9 of the end insertbegin insertPublic Resources Codeend insertbegin insert is
4amended to read:end insert

5

21168.9.  

(a) If a court finds, as a result of a trial, hearing, or
6remand from an appellate court, that any determination, finding,
7or decision of a public agency has been made without compliance
8with this division, the court shallbegin delete enter an order that includesend deletebegin insert issue
9a peremptory writ of mandate specifying what action by the public
10agency is necessary to comply with this division, includingend insert
one or
11more of the following:

12(1) A mandate that the determination, finding, or decision be
13voided by the public agency, in whole or in part.

14(2) If the court finds that a specific project activity or activities
15will prejudice the consideration or implementation of particular
16mitigation measures or alternatives to the project, a mandate that
17the public agency and any real parties in interest suspend any or
18all specific project activity or activities, pursuant to the
19determination, finding, or decision, that could result in an adverse
20change or alteration to the physical environment, until the public
21agency has taken any actions that may be necessary to bring the
22determination, finding, or decision into compliance with this
23division.

24(3) A mandate that the public agency take specific action as
25may be necessary to bring the determination, finding, or decision
26into compliance with this division.

27(b) begin deleteAny order end deletebegin insert(1)end insertbegin insertend insertbegin insertA writ end insertpursuant to subdivision (a) shall include
28only those mandatesbegin delete whichend deletebegin insert thatend insert are necessary to achieve
29compliance with this division and only those specific project
30activities in noncompliance with this division.begin delete The order shall be
31made by the issuance of a peremptory writ of mandate specifying
32what action by the public agency is necessary to comply with this
33division. However, the order shallend delete

begin insert

34(2) In the case of a negative declaration, mitigated negative
35declaration, or environmental impact report found not to be in
36compliance with this division, the writ may direct the agency to
37revise only those portions of the document found not to be in
38compliance with this division.

end insert

39begin insert(3)end insertbegin insertend insertbegin insertThe writ shallend insert be limited to that portion of a determination,
40finding, orbegin delete decisionend deletebegin insert decision,end insert or the specific project activity or
P25   1begin delete activitiesend deletebegin insert activities, or documentend insert found to be in noncompliance
2only if a court findsbegin delete that (1) theend deletebegin insert all of the following:end insert

3begin insert(A)end insertbegin insertend insertbegin insertTheend insert portion or specific project activity or activitiesbegin delete are
4severable, (2) severanceend delete
begin insert or document is severable.end insert

5begin insert(B)end insertbegin insertend insertbegin insertSeveranceend insert will not prejudice complete and full compliance
6with thisbegin delete division, and (3) theend deletebegin insert division.end insert

7begin insert(C)end insertbegin insertend insertbegin insertTheend insert court has not found the remainder of the projectbegin insert or
8documentend insert
to be in noncompliance with this division.begin delete Theend delete

begin insert

9(4) A writ shall include a time by which the agency shall make
10an initial return of the writ.

end insert

11begin insert(5)end insertbegin insertend insertbegin insertTheend insert trial court shall retain jurisdiction over the public
12agency’s proceedings by way of a return to the peremptory writ
13until the court has determined that the public agency has complied
14with this division.

begin insert

15(c) An initial return to a writ shall describe all of the following:

end insert
begin insert

16(1) The actions the agency will take to come into compliance
17with the writ and this division.

end insert
begin insert

18(2) A schedule for these actions.

end insert
begin insert

19(3) In the case of a negative declaration, mitigated negative
20declaration, or environmental impact report found not to be in
21compliance with this division, the public comment period
22applicable to the agency’s revision of the document.

end insert
begin delete

23(c) Nothing in this

end delete

24begin insert(d)end insertbegin insertend insertbegin insertThisend insert sectionbegin delete authorizesend deletebegin insert does not authorizeend insert a court to direct
25begin delete anyend deletebegin insert aend insert public agency to exercise its discretion in any particular way.
26Except as expressly provided in this section,begin delete nothing inend delete this section
27isbegin insert notend insert intended to limit the equitable powers of the court.

begin insert

28(e) This section does not affect the authority of a court to allow
29those determinations, findings, or decisions of a public agency
30that are not found to be in violation of this division to proceed, if
31allowing the public agency to proceed does not, in any manner,
32prejudice complete and full compliance with this division.

end insert
33begin insert

begin insertSEC. 16.end insert  

end insert
begin insert

No reimbursement is required by this act pursuant
34to Section 6 of Article XIII B of the California Constitution because
35a local agency or school district has the authority to levy service
36charges, fees, or assessments sufficient to pay for the program or
37level of service mandated by this act, within the meaning of Section
3817556 of the Government Code.

end insert
begin insert

39However, if the Commission on State Mandates determines that
40this act contains other costs mandated by the state, reimbursement
P26   1to local agencies and school districts for those costs shall be made
2pursuant to Part 7 (commencing with Section 17500) of Division
34 of Title 2 of the Government Code.

end insert


O

    98