SB 52 California Senate · 2011-2012 Regular Session

Environmental quality: jobs and economic improvement.

Summary
(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 (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 establishes procedures for creating the administrative record and judicial review procedure for any action or proceeding brought to challenge the lead agency's decision to certify the EIR or to grant project approvals. The Jobs and Economic Improvement Through Environmental Leadership Act of 2011 establishes alternative procedures for creating the administrative record and specified judicial review procedures for the judicial review of the EIR and approvals granted for a leadership project related to the development of a residential, retail, commercial, sports, cultural, entertainment, or recreational use project, or clean renewable energy or clean energy manufacturing project. The act authorizes the Governor, upon application, to certify a leadership project for streamlining pursuant to the act if certain conditions are met. The act requires that the project result in a minimum investment of $100,000,000 in California upon completion of construction and not result in any net additional emission of greenhouse gases, including greenhouse gas emissions from employee transportation. This bill would require instead that a project result in a minimum investment of $100,000,000 spent on planning, design, and construction of the project. The bill, in order to maximize public health, environmental, and employment benefits, would require a lead agency to place the highest priority on feasible measures that will reduce greenhouse gas emissions on the project site and in the neighboring communities of the project site. (2) The act requires a party seeking judicial review of the EIR to bring concurrently other claims alleging a public agency has granted land use approvals or a leadership project in violation of relevant laws. This bill would repeal this provision. (3) The act requires the Judicial Council to report to the Legislature on or before January 1, 2015, on the effects of the act, including specific information on benefits, costs, and detriments. The bill would require instead that the Judicial Council report to the Legislature on the effects of the act on the administration of justice. The bill also would make technical and clarifying changes. Because a lead agency would be required to perform additional actions, this bill would impose a state-mandated local program. (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.
Bill status passed 3 of 5 stages cleared
Introduction
Dec 2010
Committee Review
Jun 2012
Senate Passage
Jan 2012
Assembly Passage
Governor
Introduced Dec 15, 2010 Last action Jun 27, 2012
Floor votes · Senate Jan 31, 2012

How they voted

283
Passed · 4 other
Total votes 35
Jan 31, 2012
D Democratic23
22 Yea 1 Nay
95% Yea
R Republican12
6 Yea 2 Nay 4
50% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
21
Key actions
4
Committee
5
Amendments
3
Jun 27, 2012
Committee
Re-referred to Com. on J., E.D. & E.
lower
Jun 25, 2012
Lower · Passed
From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 6. Noes 3.) (June 18).
lower
Jun 4, 2012
Committee
Referred to Coms. on NAT. RES. and J., E.D. & E.
lower
Jan 31, 2012
Senate · Passed
Senate Vote: pass (28-3-4)
senate
Jan 31, 2012
Introduced
Amended pursuant to Joint Rule 23.5. (Page 2742.)
upper
Jan 13, 2012
Upper · Passed
From committee: Be placed on second reading file pursuant to Senate Rule 28.8.
upper
Jan 12, 2012
Upper · Passed
From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 6. Noes 0. Page 2638.) (January 11).
upper
May 2, 2011
Committee
Set, first hearing. Failed passage in committee. (Ayes 2. Noes 1. Page 853.) Reconsideration granted.
upper
Jan 20, 2011
Committee
Referred to Com. on E.Q.
upper
Dec 15, 2010
Introduced
Introduced. To Com. on RLS. for assignment. To print.
upper
1 primary · 2 co-sponsors

Sponsors