SB 1440

Bill Subjects

Abstract

(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 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 establishes a procedure by which a person may seek judicial review of the decision of the lead agency made pursuant to CEQA and 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. The Water Quality, Supply, and Infrastructure Improvement Act of 2014 (Proposition 1) , approved by the voters at the November 4, 2014, statewide general election, authorizes the issuance of bonds pursuant to the State General Obligation Bond Law to finance a water quality, supply, and infrastructure improvement program. This bill would require a lead agency, in certifying the environmental impact report and in granting approvals for certain water storage projects funded, in whole or in part, by Proposition 1, to comply with specified procedures. Because a public agency would be required to comply with those new procedures, this bill would impose a state-mandated local program. The bill would authorize the lead agency to concurrently prepare the record of proceedings for the project. The bill would require the Judicial Council, on or before July 1, 2017, to adopt a rule of court to establish procedures applicable to actions or proceedings seeking judicial review of a lead agency's action in certifying the environmental impact report and in granting approval for those projects that require the actions or proceedings, including any appeals therefrom, be resolved, to the extent feasible, within 370 days of the certification of the record of proceedings. The bill would prohibit a court from staying or enjoining those projects unless it makes specified findings. (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.