AB 2991

Bill Subjects

Abstract

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. The Jobs and Economic Improvement Through Environmental Leadership Act of 2011 (leadership act) authorizes the Governor, until January 1, 2020, to certify as environmental leadership development projects certain projects that meet specified requirements, making those projects eligible for streamlining benefits provided by that act related to compliance with CEQA and streamlining of judicial review of action taken by a public agency. The leadership act requires the project applicant to agree to pay the costs of the court of appeal in hearing and deciding any case, as specified. The leadership act requires that if the Governor determines a leadership project is eligible for streamlining, the Governor submit the determination and any supporting information to the Joint Legislative Budget Committee for concurrence or nonconcurrence, as prescribed. The leadership act provides that if a lead agency fails to approve a project certified by the Governor before January 1, 2021, the certification expires and is no longer valid. The leadership act requires a lead agency to prepare the record of proceedings for the certified project concurrent with the preparation of the environmental documents. The leadership act is repealed by its own terms on January 1, 2021. This bill would extend the authority of the Governor to certify, under the leadership act, a project as an environmental leadership development project to January 1, 2023. The bill would provide that the certification expires and is no longer valid if the lead agency fails to approve a certified project before January 1, 2024. The bill would instead repeal the leadership act on January 1, 2024. Because the bill would extend the obligation of the lead agency to prepare concurrently the record of proceedings, this bill would impose a state-mandated local program. The bill would modify, and add to, the specific requirements a project must satisfy to be eligible for streamlining benefits under the leadership act, including that the project does not result in any net additional emissions of greenhouse gases, as prescribed, and achieves a 20% reduction in vehicle miles traveled per capita compared to existing development, calculated as specified. The bill would provide that an environmental leadership development project is subject to the rules and regulations of the leadership act that are in place on the date the Governor certified the project. The bill would require the project applicant to pay the costs of the superior court and the court of appeal in hearing and deciding any case. The bill would also eliminate the authority of the Joint Legislative Budget Committee to concur or nonconcur in the Governor's streamlining eligibility determinations. The bill would authorize, before a lead agency's approval of a project certified by the Governor, the Governor to, upon application of the project applicant, certify a project "Alternative," as defined, for streamlining benefits provided by the leadership act, if the Alternative complies with certain conditions in the leadership act in place at the time of the Governor's original certification. The bill would require the project applicant to supply evidence and materials that the Governor deems necessary to make a decision on the project Alternative application, and would require the evidence or materials to be made available by the Governor to the public at least 15 days before the Governor certifies a project Alternative. 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.