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SB-699 Public Safety Officers Procedural Bill of Rights Act: coroners.(2017-2018)

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Date Published: 05/17/2018 09:00 PM
SB699:v95#DOCUMENT

Amended  IN  Assembly  May 17, 2018
Amended  IN  Assembly  August 31, 2017
Amended  IN  Senate  May 26, 2017
Amended  IN  Senate  May 03, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill
No. 699

Introduced by Senator Galgiani

February 17, 2017

An act to amend Sections 21181, 21189.1, and 21189.3 of the Public Resources Code, relating to environmental quality. Section 3301 of the Government Code, relating to public employment.


LEGISLATIVE COUNSEL'S DIGEST


SB 699, as amended, Galgiani. Environmental quality: Jobs and Economic Improvement Through Environmental Leadership Act of 2011. Public Safety Officers Procedural Bill of Rights Act: coroners.
(1) Existing law, the Public Safety Officers Procedural Bill of Rights Act, grants public safety officers, as defined, a variety of administrative and procedural employment protections. The act excludes certain coroners and deputy coroners, who are defined as peace officers in specified circumstances, from the application of its provisions.
This bill would include coroners and deputy coroners, as specified, within the application of the Public Safety Officers Procedural Bill of Rights Act. By creating new duties for local agencies in connection with the act, this bill would impose a state-mandated local program.
(2) 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

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 authorizes the Governor, until January 1, 2018, to certify projects that meet certain requirements, including the requirement that the project create high-wage, highly skilled jobs that pay prevailing wages and living wages, for streamlining benefits provided by that act. The act provides that if a lead agency fails to approve a project certified by the Governor before January 1, 2019, the certification expires and is no longer valid. The act requires a lead agency to prepare the record of proceedings for the certified project concurrent with the preparation of the environmental documents. The act is repealed by its own terms on January 1, 2019.

This bill would extend the authority of the Governor to certify a project to January 1, 2020. 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, 2021. The bill would repeal the act on January 1, 2021. 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 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.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 3301 of the Government Code is amended to read:

3301.
 (a) For purposes of this chapter, the term public safety officer means all peace officers specified in Sections 830.1, 830.2, 830.3, 830.31, 830.32, 830.33, except subdivision (e), 830.34, 830.35, except subdivision (c), 830.36, 830.37, 830.38, 830.4, and 830.5 of the Penal Code.

The

(b) The Legislature hereby finds and declares that the rights and protections provided to peace officers under this chapter constitute a matter of statewide concern. The Legislature further finds and declares that effective law enforcement depends upon the maintenance of stable employer-employee relations, between public safety employees and their employers. In order to assure that stable relations are continued throughout the state and to further assure that effective services are provided to all people of the state, it is necessary that this chapter be applicable to all public safety officers, as defined in this section, wherever situated within the State of California.

SEC. 2.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SECTION 1.Section 21181 of the Public Resources Code is amended to read:
21181.

This chapter does not apply to a project if the Governor does not certify the project as an environmental leadership development project eligible for streamlining pursuant to this chapter prior to January 1, 2020.

SEC. 2.Section 21189.1 of the Public Resources Code is amended to read:
21189.1.

If, prior to January 1, 2021, a lead agency fails to approve a project certified by the Governor pursuant to this chapter, then the certification expires and is no longer valid.

SEC. 3.Section 21189.3 of the Public Resources Code is amended to read:
21189.3.

This chapter shall remain in effect until January 1, 2021, and as of that date is repealed unless a later enacted statute extends or repeals that date.

SEC. 4.

No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.