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AB-987 California Environmental Quality Act: sports and entertainment project.(2017-2018)

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Date Published: 07/03/2018 09:00 PM
AB987:v96#DOCUMENT

Amended  IN  Senate  July 03, 2018
Amended  IN  Senate  June 07, 2018
Amended  IN  Senate  September 08, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 987


Introduced by Assembly Member Kamlager-Dove
(Principal coauthor: Senator Bradford)

February 16, 2017


An act to add and repeal Section 21168.6.8 of the Public Resources Code, relating to environmental quality.


LEGISLATIVE COUNSEL'S DIGEST


AB 987, as amended, Kamlager-Dove. California Environmental Quality Act: sports and entertainment project.
(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 administrative procedures for the review and certification of the EIR for a project and judicial review procedures for any action or proceeding brought to challenge the lead agency’s decision to certify the EIR or to grant project approvals.
This bill would establish specified administrative and judicial review procedures for the administrative and authorize the Governor to certify a specified sports and entertainment project located in the City of Inglewood for streamlining if the project meets certain requirements. The bill would apply certain rules of court establishing procedures requiring actions or proceedings seeking judicial review of the EIR and approvals granted for a project related to the development of a specified sports and entertainment project in the City of Inglewood meeting certain requirements. pursuant to CEQA or the granting of project approvals, including any appeals thereform, to be resolved 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 the certified project. The bill would require the lead agency to prepare concurrently the record of proceedings with the environmental review of the certified project, as specified. Because the lead agency would be required to use these alternative procedures for administrative review of the EIR if the project applicant so chooses, prepare concurrently the record of proceedings, this bill would impose a state-mandated local program. The bill would specify that the decisions of the lead agency regarding certain analyses and impacts shall not be considered as an abuse of discretion if certain conditions are met. If the lead agency fails to certify an EIR for the project before January 1, 2025, the bill’s provisions would be repealed as of that date.
(2) This bill would make legislative findings and declarations as to the necessity of a special statute for the City of Inglewood.
(3) 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 21168.6.8 is added to the Public Resources Code, to read:

21168.6.8.
 (a) For the purposes of this section, the following definitions apply:
(1) “Applicant” means a private or public entity or its affiliates that proposes to implement and operate all or any portion of the project and its successors, heirs, and assignees.
(2) “Arena” means an 18,000 to 20,000 seat arena built pursuant to the project for National Basketball Association (NBA) basketball games and other spectator events.
(3) “Project” means a project located within the project area consisting of the arena plus practice and athletic training facility, and related parking infrastructure construction or relocation, and landscaping, up to approximately 75,000 square feet of associated office space, up to approximately 30,000 square feet of sports medicine clinic space, up to 55,000 square feet of ancillary retail, restaurant, community space, and similar uses, and a hotel, provided that the arena meets all of the following:
(A) Receives Leadership in Energy and Environmental Design (LEED) gold certification, or its equivalent, for new construction within one year of the completion of the first NBA season.
(B) (i) Requires a transportation management plan or transportation demand management program, or both, that achieves, by January 1, 2030, a 15-percent reduction in the number of per capita vehicle trips by attendees, employees, visitors, or customers as compared to operations absent the transportation management plan or transportation demand management program, or both.
(ii) Provides shuttles, charter buses, or similar services from a major transit stop to serve arena events.
(C) Is located on an infill site.
(D) Is consistent with the general use designation, density, building intensity, and applicable policies specified for the project area in either a sustainable communities strategy or an alternative planning strategy for which the State Air Resources Board, pursuant to subparagraph (H) of paragraph (2) of subdivision (b) of Section 65080 of the Government Code, has accepted a metropolitan planning organization’s determination that the sustainable communities strategy or the alternative planning strategy would, if implemented, achieve the greenhouse gas emission reduction targets.
(4) “Project area” means real property in the City of Inglewood consisting of approximately 35 acres, including without limitation areas generally described as follows:
(A) Assessor identification numbers 4032-001-005, 4032-001-006, 4032-001-033, 4032-001-035, 4032-001-039, 4032-001-048, 4032-001-049, 4032-001-900 to 4032-001-913, inclusive, 4032-002-913 to 4032-002-917, inclusive, 4032-003-912, 4032-003-914, 4032-003-915, 4032-004-913, 4032-004-914, 4032-007-035, 4032-007-900 to 4032-007-905, inclusive, 4032-008-001, 4032-008-002, 4032-008-006, 4032-008-034, 4032-008-035, 4032-008-900 to 4032-008-905, inclusive, 4032-008-907, 4032-008-908, 4034-004-026, 4034-004-900 to 4034-004-913, inclusive, and 4034-005-900 to 4034-005-912, inclusive.
(B) West 101st Street from its intersection with South Prairie Avenue westerly to a line approximately 488 feet west of the western boundary of South Prairie Avenue, and West 102nd Street from its intersection with South Prairie Avenue easterly to a line approximately 883 feet east of the eastern boundary of South Prairie Avenue.
(b) The Governor may certify the project for streamlining pursuant to this section if all the following conditions are met:
(1) The project will result in a minimum investment of one hundred million dollars ($100,000,000) in California upon completion of construction.
(2) (A) The project creates high-wage, highly skilled jobs that pay prevailing wages and living wages and provide construction jobs and permanent jobs for Californians, and helps reduce unemployment. For purposes of this subdivision, “jobs that pay prevailing wages” means that all construction workers employed in the execution of the project will receive at least the general prevailing rate of per diem wages for the type of work and geographic area, as determined by the Director of Industrial Relations pursuant to Sections 1773 and 1773.9 of the Labor Code. If the project is certified for streamlining, the project applicant shall include this requirement in all contracts for the performance of the work.
(B) (i) If the project is certified pursuant to this subdivision, contractors and subcontractors shall pay to all construction workers employed in the execution of the project at least the general prevailing rate of per diem wages.
(ii) Except as provided in clause (iii), the obligation of the contractors and subcontractors to pay prevailing wages pursuant to subparagraph (A) may be enforced by the Labor Commissioner through the issuance of a civil wage and penalty assessment pursuant to Section 1741 of the Labor Code, which may be reviewed pursuant to Section 1742 of the Labor Code, within 18 months after the completion of the project, or by an underpaid worker through an administrative complaint or civil action. If a civil wage and penalty assessment is issued, the contractor, subcontractor, and surety on a bond or bonds issued to secure the payment of wages covered by the assessment shall be liable for liquidated damages pursuant to Section 1742.1 of the Labor Code.
(iii) Clause (ii) does not apply if all contractors and subcontractors performing work on the project are subject to a project labor agreement that requires the payment of prevailing wages to all construction workers employed in the execution of the project and provides for enforcement of that obligation through an arbitration procedure. For purposes of this subparagraph, “project labor agreement” has the same meaning as set forth in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code.
(3) The project does not result in any net additional emission of greenhouse gases, including greenhouse gas emissions from employee transportation, as determined by the State Air Resources Board pursuant to Division 25.5 (commencing with Section 38500) of the Health and Safety Code.
(4) The project applicant demonstrates compliance with the requirements of Chapters 12.8 (commencing with Section 42649) and 12.9 (commencing with Section 42649.8) of Part 3 of Division 30, as applicable.
(5) The project applicant has entered into a binding and enforceable agreement that all mitigation measures required pursuant to this division to certify the project under this chapter shall be conditions of approval of the project, and those conditions will be fully enforceable by the lead agency or another agency designated by the lead agency. In the case of environmental mitigation measures, the applicant agrees, as an ongoing obligation, that those measures will be monitored and enforced by the lead agency for the life of the obligation.
(6) The project applicant agrees to pay any additional costs incurred by the courts in hearing and deciding any case subject to this section, including payment of the costs for the appointment of a special master if deemed appropriate by the court, in a form and manner specified by the Judicial Council, as provided in the Rules of Court adopted by the Judicial Council.
(7) The project applicant agrees to pay the costs of preparing the record of proceedings for the project concurrent with review and consideration of the project pursuant to this division, in a form and manner specified by the lead agency for the project.
(c) (1) The Governor may certify the project for streamlining pursuant to this section if it complies with the conditions specified in subdivision (b).
(2) (A) Prior to certifying the project, the Governor shall make a determination that each of the conditions specified in subdivision (b) has been met. These findings are not subject to judicial review.
(B) (i) If the Governor determines that the project is eligible for streamlining pursuant to this section, he or she shall submit that determination, and any supporting information, to the Joint Legislative Budget Committee for review and concurrence or nonconcurrence.
(ii) Within 30 days of receiving the determination, the Joint Legislative Budget Committee shall concur or nonconcur in writing on the determination.
(iii) If the Joint Legislative Budget Committee fails to concur or nonconcur on a determination by the Governor within 30 days of the submittal, the project is deemed to be certified.
(3) Applicable guidelines issued pursuant to Chapter 6.5 (commencing with Section 21178) apply for the implementation of this section.
(d) (1) Within 10 days of the Governor certifying the project pursuant to this section, the lead agency shall, at the applicant’s expense, issue a public notice in no less than 12-point type stating the following:

“THE APPLICANT HAS ELECTED TO PROCEED UNDER SECTION 21168.6.8 OF THE PUBLIC RESOURCES CODE, WHICH PROVIDES, AMONG OTHER THINGS, THAT ANY JUDICIAL ACTION CHALLENGING THE CERTIFICATION OF THE EIR OR THE APPROVAL OF THE PROJECT DESCRIBED IN THE EIR IS SUBJECT TO THE PROCEDURES SET FORTH IN SECTION 21186.6.8 OF THE PUBLIC RESOURCES CODE. A COPY OF SECTION 21168.6.8 OF THE PUBLIC RESOURCES CODE IS INCLUDED BELOW
(2) The public notice shall be distributed by the lead agency as required for public notices issued pursuant to paragraph (3) of subdivision (b) of Section 21092.
(d) Notwithstanding any other law, the procedures set forth in subdivision (e) shall apply to any action or proceeding brought to attack, review, set aside, void, or annul the certification of any environmental impact report for the project that is certified pursuant to this section or the granting of any project approvals.
(e) Rules 3.2220 to 3.2237, inclusive, of the California Rules of Court, as may be amended by the Judicial Council, shall apply to any action or proceeding brought to attack, review, set aside, void, or annul the certification of any environmental impact report for the project or granting of any project approvals to require the actions or proceeding, including any potential appeals therefrom, to be resolved, to the extent feasible, within 270 days of the filing of the certified record of proceedings with the court. On or before July 1, 2019, the Judicial Council shall amend the California Rules of Court, as necessary, to implement this subdivision.
(f) Notwithstanding any other law, the preparation and certification of the record of proceedings for the certified project shall be performed in the following manner:
(1) The lead agency for the project shall prepare the record of proceedings pursuant to 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 Web site 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 the preparation of the draft environmental impact report.
(4) A 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 business 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 business 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 business days if the document is received or relied on by the lead agency after the release of the draft environmental impact report. The index shall 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.
(g) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
(h) (1) If the lead agency fails to certify an environmental impact report for the project before January 1, 2025, this section shall become inoperative and is repealed as of that date.
(2) The lead agency shall notify the Secretary of State if it fails to certified the environmental impact report for the project before January 1, 2025.

SEC. 2.

 This act does not affect litigation that is pending as of January 1, 2019.

SEC. 3.

  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 of the construction of a major new sports venue in the City of Inglewood, a city with the largest minority population in the United States, which will provide essential economic stimulus.

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.