AB 8

Bill Subjects

Abstract

(1) The California Environmental Quality Act (CEQA) requires a lead agency to prepare, or cause to be prepared, and certify the completion of, an environmental impact report 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 generally 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 also provides some exemptions from its requirements for specified projects. Existing law authorizes the Department of General Services to dispose of real property that the Legislature has declared surplus. This bill would exempt the sale of surplus state real property made on an "as is" basis from designated provisions of CEQA. The bill would also exempt from those provisions of CEQA the execution of the purchase and sale agreement or the exchange agreement for surplus state real property if the disposition is not made on an "as is" basis and the close of escrow is contingent on a specified requirement or compliance with CEQA. This bill would exempt specified transportation projects from CEQA unless, on or after February 1, 2009, the lead agency changes the scope of those projects from the manner in which those projects are described in the bill. Because a lead agency would have to determine the applicability of the exemption and to take certain specified action upon a determination of exemption, the bill would impose a state-mandated local program. The bill also would create an ad hoc critical infrastructure permit review panel, that would be in effect until January 1, 2011, to convene those permitting agencies, as defined, with jurisdiction over specified transportation projects to coordinate actions on permits, to help reduce or eliminate unnecessary conflict, delay, duplication, overlap, or paperwork associated with the issuance of multiple permits, and to assist in ensuring that permitting agencies and the public have the information necessary to deem permit applications complete and to act upon permits at the earliest feasible date. The bill would require a permitting agency for one of those transportation projects to act on a permit within 30 days of the application being deemed complete. If the permitting agency does not act on a permit during that time, the failure to act would be deemed approval of the permit application for the transportation project. The bill would require permitting agencies to act upon a permit for the specified transportation projects in a shorter period of time, if feasible. The bill would authorize its time limits to be extended upon mutual written agreement of the lead agency and a permitting agency. (2) Existing law imposes various limitations on emissions of air contaminants for the control of air pollution from vehicular and nonvehicular sources. Existing law generally designates the State Air Resources Board as the state agency with the primary responsibility for the control of vehicular air pollution. Existing law requires the state board to adopt and implement motor vehicle emission standards, in-use performance standards, and motor vehicle fuel specifications for the control of air contaminants, including standards for off-road and nonvehicle engine categories. This bill would require the state board to amend specified regulations relating to the emission restrictions of off-road diesel vehicles, as specified. (3) Existing law establishes the Orange County Transportation Authority. This bill would authorize the Orange County Transportation Authority to acquire rights-of-way from willing sellers for specified transportation projects. (4) 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.