Environmental quality: surplus state property.

(1) Existing law, 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. Other provisions of existing law authorize the Department of General Services to dispose of real property that the Legislature has declared surplus, and has directed the disposal of, by the Department of General Services. This bill would exempt from CEQA, unless a specified condition exists, the disposition of a parcel of surplus state real property if the project consists exclusively of the sale or transfer of that property by a state agency. (2) Existing law requires each state agency, on or before December 31 of each year, to review certain proprietary state lands over which the state agency has jurisdiction to determine what land is in excess and to report the determination, in writing, to the Department of General Services. Existing law requires the Department of General Services to annually report to the Legislature, lands that are declared to be in excess. This bill would require each state agency, before making the above determination, to comply with the California Environmental Quality Act. The bill would require the Department of General Services to report annually to the Legislature lands that are determined to be excess and those that are determined not to be excess. (3) This bill would provide that its provisions would become operative only if AB 2 of the 2009–10 First Extraordinary Session is enacted and becomes effective. (4) The California Constitution authorizes the Governor to declare a fiscal emergency and to call the Legislature into special session for that purpose. The Governor issued a proclamation declaring a fiscal emergency, and calling a special session for this purpose, on December 1, 2008. This bill would state that it addresses the fiscal emergency declared by the Governor by proclamation issued on December 1, 2008, pursuant to the California Constitution.