SB 149

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 (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. 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 provides that, in certain specified actions or proceedings, the plaintiff or petitioner may elect to prepare the record of proceedings, subject to certification of its accuracy by the public agency. CEQA requires that a copy of the certified record of proceedings be lodged with the court. This bill would authorize the public agency to deny the request of the plaintiff or petitioner to prepare the record of proceedings, as provided, in which case the bill would require the public agency or the real party in interest to bear the costs of preparation and certification of the record of proceedings and would prohibit the recovery of those costs from the plaintiff or petitioner. The bill would require the court to schedule a case management conference within 30 days of the filing of an action to review the scope, timing, and cost of the record of proceedings. The bill would require that an electronic copy of the certified record of proceedings be lodged with the court. The Jobs and Economic Improvement Through Environmental Leadership Act of 2021 (Leadership Act) authorizes the Governor, before January 1, 2024, to certify projects that meet specified requirements for streamlining benefits related to CEQA, including the requirement that judicial actions challenging the action of a lead agency for projects certified by the Governor be resolved, to the extent feasible, within 270 days after the filing of the record of proceedings with the court, and a requirement that the applicant agrees to pay the costs of preparing the record of proceedings for the project concurrent with review and consideration of the project, as specified. The Leadership Act provides that if a lead agency fails to approve a project certified by the Governor before January 1, 2025, the certification is no longer valid. The Leadership Act provides that it is repealed on January 1, 2026. This bill would extend the Governor's authority to certify a project to before January 1, 2032. The bill would expressly provide that the cost of preparing the record of proceedings for the project is not recoverable from the plaintiff or petitioner before, during, or after any litigation. The bill would provide that if a lead agency fails to approve a project certified by the Governor before January 1, 2033, the certification is no longer valid. The bill would repeal the Leadership Act on January 1, 2034. Because the bill would extend the duties of the lead agency under the Leadership Act, this bill would impose a state-mandated local program. This bill would establish procedures for the preparation of the record of proceedings for projects that are certified by the Governor as an infrastructure project, as defined. The bill would require an action or proceeding challenging the certification of an EIR for those projects or the granting of any project approvals, including any potential appeals to the court of appeal or the Supreme Court, to be resolved, to the extent feasible, within 270 days of the filing of the record of proceedings with the court. The bill would authorize a project applicant to apply to the Governor for the certification of a project as an infrastructure project. The bill would require the lead agency, within 10 days of the certification of a project, to provide a public notice of the certification, as provided. Because the bill would impose additional duties on a lead agency in conducting the environmental review of a certified project, this bill would impose a state-mandated local program. If a lead agency fails to approve a project certified as an infrastructure project before January 1, 2033, the bill would specify that the certification is no longer valid. The bill would repeal the above provisions on January 1, 2034. This bill would appropriate $1,000,000 from the General Fund to the Judicial Council for judicial officer training for implementation of the above provisions. 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. This bill would declare that it is to take effect immediately as an urgency statute.