Bill Text: CA AB2165 | 2009-2010 | Regular Session | Amended

California Assembly Bill 2165 (Prior Session Legislation)

Bill Title: Environment: California Environmental Quality Act

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2010-04-19 - In committee: Set, second hearing. Failed passage. [AB2165 Detail]

Download: California-2009-AB2165-Amended.html

BILL NUMBER: AB 2165	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 12, 2010
	AMENDED IN ASSEMBLY  MARCH 16, 2010

INTRODUCED BY   Assembly Member Knight

                        FEBRUARY 18, 2010

   An act to  add Section 21080.30 to   add and
repeal S   ection 21080.30 of  the Public Resources
Code, relating to the environment, and declaring the urgency thereof,
to take effect immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2165, as amended, Knight. Environment: California Environmental
Quality Act (CEQA): exemption: High Desert Health System
Multi-Service Ambulatory Care Center.
   (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
exempts specified projects from its requirements.
   This bill would exempt from the requirements of CEQA activities or
approvals of the  initial construction of the  High Desert
Health System Multi-Service Ambulatory Care Center project  , as
defined. The bill would repeal this exemption on January 1, 2015
 . Because a lead agency would be required to determine whether
this exemption applies, this bill would impose a state-mandated local
program.
   (2) This bill would make legislative findings and declarations as
to the necessity of a special statute for the High Desert Health
System Multi-Service Ambulatory Care Center project.
   (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.
   (4) This bill would declare that it is to take effect immediately
as an urgency statute.
   Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 21080.30 is added to the Public Resources Code,
to read:
   21080.30.   (a)    This division does not apply
to activities or approvals of the High Desert Health System
Multi-Service Ambulatory Care Center project. 
   (b) For purposes of this section, "High Desert Health System
Multi-Service Ambulatory Care Center Project" means the outpatient
health facility that will be located in the City of Lancaster, at the
intersection of Avenue I and 3rd Street East.  
   (c) This section shall apply only to the initial construction of
the High Desert Health System Multi-Service Ambulatory Care Center.
 
   (d) This section shall remain in effect only until January 1,
2015, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2015, deletes or extends
that date. 
  SEC. 2.  The Legislature finds and declares that a special law is
necessary and that a general law cannot be made applicable within the
meaning of Section 16 of Article IV of the California Constitution
because of the lack of a health care facility in the high desert
region of the state and the need to provide a sufficient health care
facility to the residents of the high desert region.
  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.
  SEC. 4.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
   Because of the lack of health care facilities in the high desert
area of the state and the urgent need to provide these facilities for
the residents of the high desert area, it is necessary for this act
to take effect immediately for the preservation of the public peace,
health  ,  and safety.