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AB-1610 State highways: Hollywood Central Park: environmental quality.(2019-2020)

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Date Published: 03/28/2019 09:00 PM
AB1610:v98#DOCUMENT

Amended  IN  Assembly  March 28, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 1610

Introduced by Assembly Member Bloom

February 22, 2019

An act to amend Section 5136 of the Public Resources Code, relating to parks. An act to add Section 21167.10 to the Public Resources Code, and to add Section 104.28 to the Streets and Highways Code, relating to state highways.


LEGISLATIVE COUNSEL'S DIGEST


AB 1610, as amended, Bloom. Public lands: counties and cities: local art galleries and museums. State highways: Hollywood Central Park: environmental quality.
Existing law gives the Department of Transportation full possession and control of the state highway system.
This bill would require the department to review and approve the Hollywood Central Park project, which is a freeway cap project, as provided. The bill would require the department to grant to the City of Los Angeles encroachment permits that are necessary for the construction and operation of the project. The bill would require the department to transfer the ownership of any structure built pursuant to the project and any associated air space rights to the City of Los Angeles. The bill would impose duties on the City of Los Angeles, Department of Recreation and Parks, regarding the review of the project by the department, thereby imposing a state-mandated local program.
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 authorizes a person to bring an action or proceeding to seek judicial review of the decision of the lead agency made pursuant to CEQA.
This bill would prohibit a person from bringing an action or proceeding to seek judicial review of a public agency’s action or decision made pursuant to CEQA relating to the Hollywood Central Park project.
This bill would make legislative findings and declarations as to the necessity of a special statute for the Hollywood Central Park project.
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.

Existing law authorizes every city and every county to accept title to real property for museum or art gallery purposes, or permit the erection of buildings and improvements for those purposes on lands owned by the city or county. Existing law authorizes, when a donation of real property has been made to a city or county for museum or art gallery purposes, or a building or improvements therefor have been erected upon public lands by an individual or corporation without cost to the city or county, the city or county to delegate the management, operation, maintenance, and regulation thereof to the donor or the donor’s successors, or to boards of trustees or directors nominated by the donor and appointed by the governing body of the city or county, as provided.

This bill would make nonsubstantive changes to the above described provision of law relating to that delegation.

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

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


SECTION 1.

 Section 21167.10 is added to the Public Resources Code, to read:

21167.10.
 (a) For purposes of this section, “project” means the Hollywood Central Park project as described in the Notice of Preparation (City Document No. NP-14-004-RP) issued by the City of Los Angeles, Department of Recreation and Parks, on August 21, 2014.
(b) Notwithstanding any other provision of this division, a person shall not bring an action or proceeding seeking to attack, review, set aside, void, or annul an action or decision of a public agency for the project on the grounds of noncompliance with this division.

SEC. 2.

 Section 104.28 is added to the Streets and Highways Code, to read:

104.28.
 (a) For purposes of this section, “project” means the Hollywood Central Park project as described in the Notice of Preparation (City Document No. NP-14-004-RP) issued by the City of Los Angeles, Department of Recreation and Parks, on August 21, 2014.
(b) (1) The department shall administer and review the project consistent with the requirements of this section and the Freeway Cap Best Practices Guide issued by the department in March 2017.
(2) Notwithstanding any other law, the department shall not require the preparation of a project study report for the project.
(c) (1) The director shall appoint a chief project manager and a project team in District 7 of the department to administer and review the project’s environmental, design, and construction documents.
(2) The department shall complete a review of the draft environmental, design, and construction documents and provide its comments to the City of Los Angeles, Department of Recreation and Parks, within 14 calendar days from the receipt of those documents. If the department fails to review and provide comments within 14 calendar days, the documents are deemed approved by the department.
(3) (A) The City of Los Angeles, Department of Recreation and Parks, shall address comments provided by the department and submit the revised environmental, design and construction documents, and all related attachments and appendices, if applicable, to the department.
(B) The department shall complete its review and determination of the revised environmental, design, and construction documents, if any, within 21 calendar days from the date the department receives those documents. If the department fails to review and provide comments on those revised documents, the revised documents are deemed to be approved by the department.
(C) The City of Los Angeles, Department of Recreation and Parks, upon request by the department, shall provide to the department all available supporting data that supports the facts or claims set forth in the revised documents within a reasonable time to enable the department to complete its review pursuant to this paragraph.
(4) The review and approval of the environmental, design, and construction documents by the department shall not exceed 60 calendar days. If the department fails to approve the environmental, design, and construction documents within 60 days, those documents and the project are deemed to be approved by the department.
(d) The department shall transfer the ownership of any structure built pursuant to the project and any associated air space rights to the City of Los Angeles.
(e) The department shall grant to the City of Los Angeles encroachment permits required for the construction and operation of the project.

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 involving the Hollywood Central Park project as described in the Notice of Preparation (City Document No. NP-14-004-RP) issued by the City of Los Angeles, Department of Recreation and Parks, on August 21, 2014.

SEC. 4.

 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 5136 of the Public Resources Code is amended to read:
5136.

When a donation of real property has been made to a city or county for museum or art gallery purposes, or a building or improvements therefor have been erected upon public lands by an individual or corporation without cost to the city or county, the governing body of the city or county may delegate the management, operation, maintenance, and regulation thereof to the donor or the donor’s successors, or to boards of trustees or directors nominated by the donor and appointed by the governing body of the city or county, upon the terms and conditions as the governing body may prescribe.