SB 44 California Senate · 2021-2022 Regular Session

California Environmental Quality Act: streamlined judicial review: environmental leadership transit projects.

Summary
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 a procedure by which a person may seek judicial review of the decision of the lead agency made pursuant to CEQA. This bill would, until January 1, 2025, establish specified procedures for the administrative and judicial review of the environmental review and approvals granted for an environmental leadership transit project, as defined, proposed by a public or private entity or its affiliates that is located wholly within the County of Los Angeles or connects to an existing transit project wholly located in that county and that is approved by the lead agency on or before January 1, 2024. The bill would require the project applicant of the environmental leadership transit project to take certain actions in order for those specified procedures to apply to the project. The bill would require the Judicial Council, on or before January 1, 2023, to adopt rules of court establishing procedures requiring actions or proceedings seeking judicial review of the certification of an environmental impact report for an environmental leadership transit project or the granting of any project approval, including any appeals to the court of appeal or the Supreme Court, to be resolved, to the extent feasible, within 365 calendar days of the filing of the certified record of proceedings with the court to an action or proceeding seeking judicial review of the lead agency's action related to an environmental leadership transit project. The bill would require the environmental leadership transit project to meet certain labor requirements. The bill would require the lead agency to prepare the EIR for an environmental leadership transit project in a specified manner and would require the concurrent preparation of the record of proceedings. The bill would specify that these requirements would only apply to the first 7 environmental leadership transit projects obtaining a certified environmental impact report. Because the bill would impose additional duties on the lead agency, this bill would impose a state-mandated local program. This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Los Angeles. 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 signed all 5 stages cleared
Introduction
Dec 2020
Committee Review
Jun 2021
Senate Passage
May 2021
Assembly Passage
Sep 2021
Signed into Law
Oct 2021
Introduced Dec 7, 2020 Signed Oct 7, 2021
Floor votes · Senate May 26, 2021 · Assembly Sep 2, 2021

How they voted

340
Passed · 3 other
Total votes 37
May 26, 2021
D Democratic29
28 Yea 1
96% Yea
R Republican8
6 Yea 2
75% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
33
Key actions
16
Committee
5
Amendments
11
Oct 7, 2021
Signed into law
Approved by the Governor.
legislature
Sep 3, 2021
Upper · Passed
Assembly amendments concurred in. (Ayes 33. Noes 0. Page 2384.) Ordered to engrossing and enrolling.
upper
Sep 2, 2021
Introduced
In Senate. Concurrence in Assembly amendments pending.
upper
Sep 2, 2021
Lower · Passed
Read third time. Passed. (Ayes 76. Noes 0. Page 2691.) Ordered to the Senate.
lower
Aug 30, 2021
Lower · Passed
Read second time and amended. Ordered to second reading.
lower
Aug 26, 2021
Lower · Passed
From committee: Do pass as amended. (Ayes 12. Noes 0.) (August 26).
lower
Jul 14, 2021
Lower · Passed
Read second time and amended. Re-referred to Com. on APPR.
lower
Jul 13, 2021
Lower · Passed
From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 10. Noes 0.) (July 13).
lower
Jun 28, 2021
Lower · Passed
Read second time and amended. Re-referred to Com. on JUD.
lower
Jun 24, 2021
Lower · Passed
From committee: Do pass as amended and re-refer to Com. on JUD. (Ayes 9. Noes 1.) (June 23).
lower
Jun 3, 2021
Committee
Referred to Coms. on NAT. RES. and JUD.
lower
May 26, 2021
Upper · Passed
Read third time. Passed. (Ayes 37. Noes 0. Page 1254.) Ordered to the Assembly.
upper
May 20, 2021
Upper · Passed
From committee: Do pass. (Ayes 6. Noes 0. Page 1180.) (May 20).
upper
Apr 27, 2021
Upper · Passed
From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.
upper
Apr 14, 2021
Upper · Passed
From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 0. Page 775.) (April 13). Re-referred to Com. on APPR.
upper
Apr 5, 2021
Upper · Passed
From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.
upper
Mar 16, 2021
Upper · Passed
From committee: Do pass and re-refer to Com. on JUD. (Ayes 7. Noes 0. Page 500.) (March 15). Re-referred to Com. on JUD.
upper
Mar 1, 2021
Upper · Passed
From committee with author's amendments. Read second time and amended. Re-referred to Com. on E.Q.
upper
Jan 28, 2021
Committee
Referred to Coms. on EQ. and JUD.
upper
Dec 7, 2020
Introduced
Introduced. Read first time. To Com. on RLS. for assignment. To print.
upper
1 primary · 8 co-sponsors

Sponsors