Bill Text: CA SB33 | 2021-2022 | Regular Session | Amended

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Bill Title: California Environmental Quality Act: judicial and administrative proceedings: limitations.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2022-06-09 - From committee with author's amendments. Read second time and amended. Re-referred to Com. on NAT. RES. [SB33 Detail]

Download: California-2021-SB33-Amended.html

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Amended  IN  Assembly  June 09, 2022

Amended  IN  Senate  April 07, 2021

Amended  IN  Senate  March 11, 2021

Amended  IN  Senate  March 09, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill

No. 33

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Introduced by Senator Cortese

December 07, 2020

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An act to amend Section 3073.5 of, and to add Section 3073.4 to, the Labor Code, relating to apprenticeship. Sections 21167, 21167.2, 21167.3, and 21167.6.2 of the Public Resources Code, relating to environmental quality.

LEGISLATIVE COUNSEL'S DIGEST

SB 33, as amended, Cortese. Apprenticeship: annual report: task force. California Environmental Quality Act: judicial and administrative proceedings: limitations.

The California Environmental Quality Act (CEQA) requires, among other things, 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 requires a state agency or a local agency that approves or determines to carry out a project subject to CEQA to file a notice of determination with the Office of Planning and Research or the county clerk of each county in which the project will be located, as provided. CEQA authorizes a state agency or a local agency that determines that a project is not subject to CEQA to file a notice of exemption with the office or the county clerk of each county in which the project will be located, as provided. If a person has made a written request to a public agency for a copy of a notice of determination or notice of exemption for a project before the date on which the public agency approves or determines to carry out the project, CEQA requires the public agency, no later than 5 days from the date of the public agency’s action, to deposit a copy of the written notice addressed to that person in the United States mail, first class postage prepaid. CEQA provides that the date upon which the notice is mailed does not affect the limitations periods applicable to specified actions or proceedings to attack, review, set aside, void, or annul specified acts or decisions of a public agency on the grounds of noncompliance with CEQA.

This bill would additionally authorize a person to request a copy of the notice of determination or notice of exemption for a project to be delivered to that person by electronic mail, if a public agency offers to provide the notice by electronic mail. The bill would require the public agency, no later than 5 days from the date of the public agency’s action, to provide to that person by electronic mail a copy of the notice. The bill would require a public agency to provide both the notice and any subsequent amendments to that notice in response to a written request for the notice, regardless of the delivery method. By requiring a local agency to provide a copy of any subsequent amendments to a notice, along with the notice, the bill would impose a state-mandated local program. The bill would toll the limitations periods applicable to specified actions or proceedings to attack, review, set aside, void, or annual specified acts or decisions of a public agency until the date on which the public agency deposits in the mail or sends by electronic mail to the requestor a copy of the notice, including subsequent amendments.

This bill would make technical and nonsubstantive changes to other CEQA provisions.

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.

Existing law provides for apprenticeship programs within the Division of Apprenticeship Standards within the Department of Industrial Relations, sponsored by specific entities and employers, and requires the Chief of the Division of Apprenticeship Standards to perform various functions with respect to apprenticeship programs and the welfare of apprentices. Existing law also establishes the California Apprenticeship Council within the Division of Apprenticeship Standards and requires the council to issue rules and regulations on apprenticeship standards and certain other topics, as prescribed.

This bill would require the Director of Industrial Relations, on or before September 1, 2022, to convene a task force to promote apprenticeship for all populations throughout the state, to be known as the Construction Apprenticeship Advancement Task Force, with membership as prescribed. The bill would require the task force, in consultation with specified entities, to study the recruitment, retention, and barriers to entry of women and other minority, underrepresented, and disadvantaged populations in the State of California for purposes of ensuring apprenticeship opportunities are more inclusive of those populations. The bill would require the membership of the task force to work jointly to issue a joint report to the Legislature by January 1, 2023, and by that date annually thereafter, that details best practices to promote apprenticeship for all populations throughout the state.

Existing law requires the Chief of the Division of Apprenticeship Standards, the California Apprenticeship Council, and the Interagency Advisory Committee on Apprenticeship to annually report separately through the Director of Industrial Relations to the Legislature and the public on their activities. Existing law requires the report to include specified information, including information on the number of individuals, including numbers of women and minorities, in apprenticeship, preapprenticeship, and other specified programs for the current year and in each of the previous 5 years.

This bill would expand the required information in the report to include information regarding outreach activities to recruit and retain apprentices from disadvantaged communities and underserved subgroups.

Digest Key

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

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Bill Text

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.

 (a) 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)

(1) 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 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 days from the date of commencement of the project.

(b)An action

(2) Except as provided in paragraph (2) of subdivision (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 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

(3) Except as provided in paragraph (2) of subdivision (b), an action or proceeding alleging that an environmental impact report does not comply with this division shall be commenced within 30 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

(4) Except as provided in paragraph (2) of subdivision (b), 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 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 days from the date of commencement of the project.

(e)An action

(5) Except as provided in paragraph (2) of subdivision (b), 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 days from the date of the filing of the notice required by subdivision (a) of Section 21108 or subdivision (a) of Section 21152.

(f)

(b) (1) (A) If a person has made a written request to the a public agency for a copy of the a notice specified in Section 21108 or 21152 prior to before the date on which the public agency approves or determines to carry out the a project, then not no later than five days from the date of the public agency’s action, the public agency shall deposit a written copy of the notice notice, including any subsequent amendments to that 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).

(B) If the public agency offers to provide a notice specified in Section 21108 or 21152 by electronic mail, a person may ask in their written request pursuant to subparagraph (A) that the notice be provided to that person by electronic mail. If a person requests to receive a notice by electronic mail, then no later than five days from the date of the public agency’s action, the public agency shall provide to that person by electronic mail a copy of the notice, including any subsequent amendments to that notice.

(2) If a person makes a timely written request for a copy of a notice in accordance with subparagraph (A) of paragraph (1), the time periods specified in paragraphs (2), (3), (4), and (5) of subdivision (a) shall commence on the date that the public agency deposits in the mail or sends by electronic mail to that person the notice, including any subsequent amendments to that notice.

SEC. 2.

 Section 21167.2 of the Public Resources Code is amended to read:

21167.2.

 If no action or proceeding alleging that an environmental impact report does not comply with the provisions of this division is commenced during the period prescribed in paragraph (3) of subdivision (c) (a) of Section 21167, the environmental impact report shall be conclusively presumed to comply with the provisions of this division for purposes of its use by responsible agencies, unless the provisions of Section 21166 are applicable. applies.

SEC. 3.

 Section 21167.3 of the Public Resources Code is amended to read:

21167.3.

 (a) If an action or proceeding alleging that an environmental impact report or a negative declaration does not comply with the provisions of this division is commenced during the period described in paragraph (2) or (3) of subdivision (b) or (c) (a) of Section 21167, and if an injunction or stay is issued prohibiting the project from being carried out or approved pending final determination of the issue of such compliance, responsible agencies shall assume that the environmental impact report or the negative declaration for the project does comply complies with the provisions of this division and shall issue a conditional approval or disapproval of such the project according to the timetable for agency action in Article 5 (commencing with Section 65950) of Chapter 4.5 of Division 1 of Title 7 of the Government Code. A conditional approval shall constitute permission to proceed with a project when and only when such the action or proceeding results in a final determination that the environmental impact report or negative declaration does comply complies with the provisions of this division.

(b) In the event that an action or proceeding is commenced as described in subdivision (a) (a), but no injunction or similar relief is sought and granted, responsible agencies shall assume that the environmental impact report or negative declaration for the project does comply complies with the provisions of this division and shall approve or disapprove the project according to the timetable for agency action in Article 5 (commencing with Section 65950) of Chapter 4.5 of Division 1 of Title 7 of the Government Code. Such An approval shall constitute permission to proceed with the project at the applicant’s risk pending final determination of such action or proceeding.

SEC. 4.

 Section 21167.6.2 of the Public Resources Code, as amended by Section 381 of Chapter 615 of the Statutes of 2021, is amended to read:

21167.6.2.

 (a) (1) Notwithstanding Section 21167.6, upon the written request of a project applicant received no later than 30 days after the date that the lead agency makes a determination pursuant to subdivision (a) of Section 21080.1, Section 21094.5, or Chapter 4.2 (commencing with Section 21155) and with the consent of the lead agency as provided in subdivision (e), the lead agency shall prepare and certify the record of proceedings in the following manner:

(A) The lead agency for the project shall prepare the record of proceedings pursuant to this division concurrently with the administrative process.

(B) 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 document for the project. If the lead agency cannot maintain an internet website with the information required pursuant to this section, the lead agency shall provide a link on the agency’s internet website to that information.

(C) The lead agency shall make available to the public in a readily accessible electronic format the draft environmental document for the project, and all other documents submitted to, cited by, or relied on by the lead agency, in the preparation of the draft environmental document for the project.

(D) A document prepared by the lead agency or submitted by the applicant after the date of the release of the draft environmental document for the project 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.

(E) 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 business days of its receipt.

(F) 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.

(G) The lead agency shall certify the record of proceedings within 30 days after the filing of the notice required pursuant to Section 21108 or 21152.

(2) This subdivision does not require the disclosure or posting of any trade secret as defined in Section 7924.510 of the Government Code, information about the location of archaeological sites or sacred lands, or any other information that is subject to the disclosure restrictions of any provision listed in Section 7920.505 of the Government Code.

(b) Any dispute regarding the record of proceedings prepared pursuant to this section shall be resolved by the court in an action or proceeding brought pursuant to paragraph (2) or (3) of subdivision (b) or (c) (a) of Section 21167.

(c) The content of the record of proceedings shall be as specified in subdivision (e) of Section 21167.6.

(d) The negative declaration, mitigated negative declaration, draft and final environmental impact report, or other environmental document shall include a notice in no less than 12-point type stating the following:

“THIS DOCUMENT IS SUBJECT TO SECTION 21167.6.2 OF THE PUBLIC RESOURCES CODE, WHICH REQUIRES THE RECORD OF PROCEEDINGS FOR THIS PROJECT TO BE PREPARED CONCURRENTLY WITH THE ADMINISTRATIVE PROCESS; DOCUMENTS PREPARED BY, OR SUBMITTED TO, THE LEAD AGENCY TO BE POSTED ON THE LEAD AGENCY’S INTERNET WEBSITE, WEBSITE; AND THE LEAD AGENCY TO ENCOURAGE WRITTEN COMMENTS ON THE PROJECT TO BE SUBMITTED TO THE LEAD AGENCY IN A READILY ACCESSIBLE ELECTRONIC FORMAT.”

(e) (1) The lead agency shall respond to a request by the project applicant within 10 business days from the date that the request pursuant to subdivision (a) is received by the lead agency.

(2) A project applicant and the lead agency may mutually agree, in writing, to extend the time period for the lead agency to respond pursuant to paragraph (1), but they shall not extend that period beyond the commencement of the public review period for the proposed negative declaration, mitigated negative declaration, draft environmental impact report, or other environmental document.

(3) The request to prepare a record of proceedings pursuant to this section shall be deemed denied if the lead agency fails to respond within 10 business days of receiving the request or within the time period agreed upon pursuant to paragraph (2), whichever ends later.

(f) The written request of the applicant submitted pursuant to subdivision (a) shall include an agreement to pay all of the lead agency’s costs of preparing and certifying the record of proceedings pursuant to this section and complying with the requirements of this section, in a manner specified by the lead agency.

(g) The costs of preparing the record of proceedings pursuant to this section and complying with the requirements of this section are not recoverable costs pursuant to Section 1032 of the Code of Civil Procedure.

(h) Pursuant to subdivision (f) and Section 21089, the lead agency may charge and collect a reasonable fee from the person making the request pursuant to subdivision (a) to recover the costs incurred by the lead agency in preparing the record of proceedings pursuant to this section.

SEC. 5.

 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.

SECTION 1.Section 3073.4 is added to the Labor Code, to read:

3073.4.

(a)As used in this section, “Construction Apprenticeship Advancement Task Force” or “task force” means the Construction Apprenticeship Advancement Task Force convened in accordance with this section.

(b)The Director of Industrial Relations, on or before September 1, 2022, shall convene a task force to promote apprenticeship for all populations throughout the state, to be known as the Construction Apprenticeship Advancement Task Force.

(c)The Director of Industrial Relations shall appoint the following members to the Construction Apprenticeship Advancement Task Force:

(1)The Chief of the Division of Apprenticeship Standards or their designee.

(2)An employee representative of the chairperson of the California Apprenticeship Council or their designee.

(3)An employer representative of the chairperson of the California Apprenticeship Council or their designee.

(4)The chairperson of the California Workforce Development Board or their designee.

(d)The task force shall study the recruitment, retention, and barriers to entry of women and other minority, underrepresented, and disadvantaged populations in the State of California for purposes of ensuring apprenticeship opportunities are more inclusive of those populations. In conducting the study, the task force shall consult with organizations with experience in working to diversify representation in apprenticeship programs, as well as educational entities involved in apprenticeship, including both K–12 and community college programs.

(e)The membership of the task force shall work jointly to issue a joint report to the Legislature by January 1, 2023, and by that date annually thereafter, that details best practices to promote apprenticeship for all populations throughout the state.

SEC. 2.Section 3073.5 of the Labor Code is amended to read:

3073.5.

The Chief of the Division of Apprenticeship Standards, the California Apprenticeship Council, and the Interagency Advisory Committee on Apprenticeship shall annually report separately through the Director of Industrial Relations to the Legislature and the public on their activities. The report shall contain information including, but not limited to, analyses of the following:

(a)(1)The number of individuals, including numbers of women and minorities, registered in apprenticeship, preapprenticeship, and other programs administered pursuant to this chapter in the state for the current year and in each of the previous five years.

(2)For construction trade and firefighter apprenticeship programs, the report shall include demographic data detailing the racial, ethnic, and gender makeup of those participants for the annual reporting period.

(3)Information regarding outreach activities to recruit and retain apprentices from disadvantaged communities and underserved subgroups.

(b)The number and percentage of participants, including numbers and percentages of minorities and women, registered in each program having five or more participants, and the percentage of those participants who have completed their programs successfully in the current year and in each of the previous five years.

(c)Remedial actions taken by the division to assist those programs having difficulty in achieving affirmative action goals or having very low completion rates.

(d)The number of disputed issues with respect to individual apprenticeship or other agreements submitted to the Administrator of Apprenticeship for determination and the number of those issues resolved by the administrator or the council on appeal.

(e)The number of apprenticeship and other program applications received by the division, the number approved, the number denied and the reason for those denials, the number being reviewed, and deficiencies, if any, with respect to those program applications being reviewed.

(f)The number of apprenticeship programs, approved by the Division of Apprenticeship Standards, that are disapproved by the California Apprenticeship Council, and the reasons for those disapprovals.

(g)The number of apprenticeship programs receiving reimbursement for related and supplemental instruction pursuant to Section 8152 or 79149.3 of the Education Code including the amounts reimbursed to each program, as reported to the Division of Apprenticeship Standards by the Chancellor’s Office of the California Community Colleges.

(h)The number of apprenticeship programs receiving reimbursement as part of the budget formula developed pursuant to paragraph (2) of subdivision (d) of Section 84750.5 of the Education Code or its successor section, as described in Section 79149.1 of the Education Code including the amounts reimbursed to each program, as reported to the Division of Apprenticeship Standards by the Chancellor’s Office of the California Community Colleges.

(i)Any apprenticeship standards or regulations that were proposed or adopted in the previous year.