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SB-861 California Environmental Quality Act: water conveyance or storage projects: judicial review.(2023-2024)

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Date Published: 04/24/2023 02:00 PM
SB861:v97#DOCUMENT

Amended  IN  Senate  April 24, 2023
Amended  IN  Senate  April 10, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill
No. 861

Introduced by Senator Dahle

February 17, 2023

An act to add Section 21168.6.10 to the Public Resources Code, relating to environmental quality.


LEGISLATIVE COUNSEL'S DIGEST


SB 861, as amended, Dahle. California Environmental Quality Act: water conveyance or storage projects: judicial review.
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 the lead agency 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 require the Judicial Council to adopt rules of court applicable to actions or proceedings brought to attack, review, set aside, void, or annul the certification or adoption of an environmental impact report for specified water conveyance or storage projects, as defined, or the granting of any project approvals, including any appeals to the court of appeal or the Supreme Court, to be resolved, to the extent feasible, within 270 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 those projects. The bill would require the lead agency to prepare the record of proceedings for a water conveyance or storage project, as provided, and to include a specified notice in the draft EIR and final EIR for the water conveyance or storage project. By imposing additional duties on lead agencies, the 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 unique circumstances of certain water projects in certain counties.
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 21168.6.10 is added to the Public Resources Code, to read:

21168.6.10.
 (a) For purposes of this section, the following definitions apply: “project” means one of the following projects approved by the California Water Commission:

(1)“Water conveyance or storage facility” means a facility used for the conveyance or storage of water for beneficial uses.

(2)“Water conveyance or storage project” or “project” means a project for the repair or expansion of an existing water conveyance or storage facility or the development and construction of a new water conveyance or storage facility.

(1) The Chino Basin Conjunctive Use Environmental Water Storage/Exchange Program in the County of San Bernardino.
(2) The Harvest Water Program in the County of Sacramento.
(3) The Kern Fan Groundwater Storage Project in the County of Kern.
(4) The Los Vaqueros Reservoir Expansion Project in the County of Contra Costa.
(5) The Willow Springs Water Bank Conjunctive Use Project in the County of Kern.
(b) The Judicial Council shall adopt a rule of court to establish procedures that require actions or proceedings brought to attack, review, set aside, void, or annul the certification of an environmental impact report for a water conveyance or storage project or the granting of any project approvals that require the actions or proceedings, including any potential appeals to the court of appeal or the Supreme Court, to be resolved, to the extent feasible, within 270 days of the filing of the certified record of proceedings with the court.
(c) Notwithstanding any other law, the preparation and certification of the record of proceedings for a water conveyance or storage project shall be performed in the following manner:
(1) The lead agency for the project shall prepare the record of proceedings under this division concurrently with the administrative process.
(2) All documents and other materials placed in the record of proceedings shall be posted on, and be downloadable from, an internet website maintained by the lead agency commencing with the date of the release of the draft environmental impact report.
(3) The lead agency shall make available to the public in a readily accessible electronic format the draft environmental impact report and all other documents submitted to, or relied on by, the lead agency in preparing the draft environmental impact report.
(4) Any document prepared by the lead agency or submitted by the applicant after the date of the release of the draft environmental impact report that is a part of the record of the proceedings shall be made available to the public in a readily accessible electronic format within five days after the document is released or received by the lead agency.
(5) The lead agency shall encourage written comments on the project to be submitted in a readily accessible electronic format, and shall make any comment available to the public in a readily accessible electronic format within five days of its receipt.
(6) Within seven days after the receipt of any comment that is not in an electronic format, the lead agency shall convert that comment into a readily accessible electronic format and make it available to the public in that format.
(7) Notwithstanding paragraphs (2) to (6), inclusive, documents submitted to, or relied on by, the lead agency that were not prepared specifically for the project and are copyright protected are not required to be made readily accessible in an electronic format. For those copyright-protected documents, the lead agency shall make an index of these documents available in an electronic format no later than the date of the release of the draft environmental impact report, or within five days if the document is received or relied on by the lead agency after the release of the draft environmental impact report. The index must specify the libraries or lead agency offices in which hardcopies of the copyrighted materials are available for public review.
(8) The lead agency shall certify the final record of proceedings within five days of its approval of the project.
(9) Any dispute arising from the record of proceedings shall be resolved by the superior court. Unless the superior court directs otherwise, a party disputing the content of the record shall file a motion to augment the record at the time it files its initial brief.
(10) The contents of the record of proceedings shall be as set forth in subdivision (e) of Section 21167.6.
(d) (1) The draft environmental impact report and the final environmental impact report for the water conveyance or storage project shall include a notice in no less than 12-point type stating the following:
“THE APPLICANT HAS ELECTED TO PROCEED UNDER SECTION 21168.6.10 OF THE PUBLIC RESOURCES CODE, WHICH PROVIDES, AMONG OTHER THINGS, THAT ANY JUDICIAL ACTION CHALLENGING THE CERTIFICATION OF THE ENVIRONMENTAL IMPACT REPORT (EIR) OR THE APPROVAL OF THE PROJECT DESCRIBED IN THE EIR IS SUBJECT TO THE PROCEDURES SET FORTH IN SECTION 21168.6.10 OF THE PUBLIC RESOURCES CODE. A COPY OF SECTION 21168.6.10 OF THE PUBLIC RESOURCES CODE IS INCLUDED IN THE APPENDIX TO THIS EIR.”
(2) The draft environmental impact report and the final environmental impact report shall contain, as an appendix, the full text of this section.

(e)This section shall apply only to the following projects approved by the California Water Commission:

(1)The Chino Basin Conjunctive Use Environmental Water Storage/Exchange Program in the County of San Bernardino.

(2)The Harvest Water Program in the County of Sacramento.

(3)The Kern Fan Groundwater Storage Project in the County of Kern.

(4)The Los Vaqueros Reservoir Expansion Project in the County of Contra Costa.

(5)The Willow Springs Water Bank Conjunctive Use Project in the County of Kern.

SEC. 2.

 The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances facing California’s water infrastructure, especially with respect to certain water projects in certain counties.

SEC. 3.

 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.