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AB-3099 California Environmental Quality Act: statute of limitations.(2017-2018)

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Date Published: 03/23/2018 04:00 AM
AB3099:v98#DOCUMENT

Amended  IN  Assembly  March 22, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill
No. 3099


Introduced by Assembly Member Santiago

February 16, 2018


An act to amend Section 14300 of the Public Resources Code, relating to resources conservation. An act to amend Section 21167 of the Public Resources Code, relating to environmental quality.


LEGISLATIVE COUNSEL'S DIGEST


AB 3099, as amended, Santiago. California Conservation Corps. Environmental Quality Act: statute of limitations.
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. CEQA specifies time periods within which a person is required to bring an action or proceeding challenging a public agency’s action on the grounds that the public agency violated the requirements of CEQA, as specified.
This bill would shorten certain of those time periods, as provided.

Existing law establishes the California Conservation Corps and requires that young women and men participating in the corps program generally be engaged in projects that, among other things, preserve, maintain, and enhance environmentally important lands and waters.

This bill would make technical, nonsubstantive changes to this provision.

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

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


SECTION 1.

 Section 21167 of the Public Resources Code is amended to read:

21167.
 An action or proceeding to attack, review, set aside, void, or annul the following acts or decisions of a public agency on the grounds of noncompliance with this division shall be commenced as follows:
(a) An action or proceeding alleging that a public agency is carrying out or has approved a project that may have a significant effect on the environment without having determined whether the project may have a significant effect on the environment shall be commenced within 180 160 days from the date of the public agency’s decision to carry out or approve the project, or, if a project is undertaken without a formal decision by the public agency, within 180 160 days from the date of commencement of the project.
(b) An action or proceeding alleging that a public agency has improperly determined whether a project may have a significant effect on the environment shall be commenced within 30 15 days from the date of the filing of the notice required by subdivision (a) of Section 21108 or subdivision (a) of Section 21152.
(c) An action or proceeding alleging that an environmental impact report does not comply with this division shall be commenced within 30 15 days from the date of the filing of the notice required by subdivision (a) of Section 21108 or subdivision (a) of Section 21152 by the lead agency.
(d) An action or proceeding alleging that a public agency has improperly determined that a project is not subject to this division pursuant to subdivision (b) of Section 21080 or Section 21172 shall be commenced within 35 days from the date of the filing by the public agency, or person specified in subdivision (b) or (c) of Section 21065, of the notice authorized by subdivision (b) of Section 21108 or subdivision (b) of Section 21152. If the notice has not been filed, the action or proceeding shall be commenced within 180 160 days from the date of the public agency’s decision to carry out or approve the project, or, if a project is undertaken without a formal decision by the public agency, within 180 160 days from the date of commencement of the project.
(e) An action or proceeding alleging that another act or omission of a public agency does not comply with this division shall be commenced within 30 15 days from the date of the filing of the notice required by subdivision (a) of Section 21108 or subdivision (a) of Section 21152.
(f) If a person has made a written request to the public agency for a copy of the notice specified in Section 21108 or 21152 prior to the date on which the agency approves or determines to carry out the project, then not later than five days from the date of the agency’s action, the public agency shall deposit a written copy of the notice addressed to that person in the United States mail, first class postage prepaid. The date upon which this notice is mailed shall not affect the time periods specified in subdivisions (b), (c), (d), and (e).

SECTION 1.Section 14300 of the Public Resources Code is amended to read:
14300.

Young women and men participating in the corps program shall generally be engaged in projects that do the following:

(a)Preserve, maintain, and enhance environmentally important lands and waters.

(b)Accomplish useful and needed public works projects in both urban and rural areas.

(c)Conserve, maintain, improve, and develop natural resources in both urban and rural areas.

(d)Provide opportunities for public use of, or education in, the areas, projects, and resources described in subdivisions (a), (b), and (c).

(e)Assist in emergency operations, such as natural disaster relief and the rescue of lost and injured persons.

(f)Assist in fire prevention and suppression.

(g)Directly contribute to the conservation of energy.

(h)Contribute toward making public facilities accessible to persons with disabilities.

(i)Assist departments within the Natural Resources Agency in developing, rehabilitating, and restoring parklands, recreational facilities, and historical resources; restoring salmon and steelhead spawning, nursery, and rearing habitat; restoring and preserving wildlife habitat; and enhancing reforestation in both urban and rural areas.