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CHAPTER 353
FILED WITH SECRETARY OF STATE SEPTEMBER 27, 2011
APPROVED BY GOVERNOR SEPTEMBER 27, 2011
PASSED THE SENATE SEPTEMBER 9, 2011
PASSED THE ASSEMBLY SEPTEMBER 7, 2011
AMENDED IN ASSEMBLY SEPTEMBER 7, 2011
AMENDED IN ASSEMBLY SEPTEMBER 2, 2011
AMENDED IN ASSEMBLY AUGUST 30, 2011
AMENDED IN ASSEMBLY AUGUST 15, 2011
AMENDED IN ASSEMBLY JUNE 28, 2011
AMENDED IN SENATE MARCH 23, 2011

INTRODUCED BY Senator Padilla
(Principal coauthors: Assembly Members John A. Pérez, Bradford,
Blumenfield, Campos, Feuer, and Lara)
(Coauthors: Senators Berryhill, Calderon, Correa, Dutton, Gaines,
Lowenthal, Pavley, Price, Rubio, Runner, Strickland, Wright, and
Wyland)
(Coauthors: Assembly Members Alejo, Allen, Butler, Cedillo, Beth
Gaines, Roger Hernández, Bonnie Lowenthal, Mitchell, Pan, and Smyth)


FEBRUARY 14, 2011

An act to add and repeal Section 21168.6.5 of the Public Resources
Code, relating to environmental quality.


LEGISLATIVE COUNSEL'S DIGEST


SB 292, Padilla. California Environmental Quality Act:
administrative and judicial review procedures: City of Los Angeles:
stadium.
(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 judicial review of the
EIR and approvals granted for a project related to the development of
a specified stadium in the City of Los Angeles. Because the lead
agency would be required to use these alternative procedures for
administrative review of the EIR if the project applicant so chooses,
this bill would impose a state-mandated local program. The bill
would require the lead agency and applicant to implement specified
measures, as a condition of approval of the project, to minimize
traffic congestion and air quality impacts that may result from
spectators driving to the stadium.
(2) 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.
(3) This bill would make legislative findings and declarations as
to the necessity of a special statute for the development of a
stadium in the City of Los Angeles.


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

SECTION 1. The Legislature finds and declares all of the
following:
(a) The overall unemployment rate in California is 12.0 percent,
in Los Angeles County it is 13.3 percent, and in the City of Los
Angeles it is 14.6 percent.
(b) The California Environmental Quality Act (Division 13
(commencing with Section 21000) of the Public Resources Code)
requires that the environmental impacts of development projects be
identified and mitigated. The act also guarantees the public an
opportunity to review and comment on the environmental impacts of a
project and to participate meaningfully in the development of
mitigation measures for potentially significant environmental
impacts.
(c) The Los Angeles Convention Center's West Hall is an old and
outmoded facility that is inadequate to serve the city's visitor and
convention needs. It was constructed 40 years ago and must be
replaced to provide a modern, expanded, and more efficient convention
hall adequate to meet the city's and region's needs.
(d) The Los Angeles Convention Center, the City of Los Angeles,
and the region would greatly benefit from the addition of a
multipurpose event center capable of hosting a wide range of events
including conventions, exhibitions, and sporting events, as well as
artistic and cultural events.
(e) The proposed Convention Center Modernization and Farmers Field
Project is a public-private partnership that will result in the
replacement of West Hall with a new convention hall and the
construction of a new state-of-the-art stadium and multipurpose event
center. The stadium will be completely privately financed and the
convention hall will be financed from revenues generated by the
stadium at no risk to the city's general fund.
(f) The project will generate an estimated 12,000 full-time jobs
during construction and 11,000 permanent jobs at the Los Angeles
Convention Center and in the hospitality and related industries. It
is anticipated that the development of additional hotels,
restaurants, and retail uses in the vicinity of the project would
generate additional jobs in excess of these estimates.
(g) The project also presents an unprecedented opportunity to
implement innovative measures that will significantly reduce traffic
and air quality impacts from the project and fully mitigate the
greenhouse gas emissions resulting from passenger vehicle trips
attributed to the project, which will result in emission reductions
and traffic mitigations that will be the best in the nation compared
to other comparable stadiums in the United States. The project is
located in downtown Los Angeles near several major rail transit
facilities and is situated to maximize opportunities to encourage
nonautomobile modes of travel to the stadium and convention center.
(h) It is in the interest of the state to expedite judicial review
of the Convention Center Modernization and Farmers Field Project as
appropriate while protecting the environment and the right of the
public to review, comment on, and, if necessary, seek judicial review
of, the adequacy of the environmental impact report for the project.

SEC. 2. Section 21168.6.5 is added to the Public Resources Code,
to read:
21168.6.5. (a) For the purposes of this section, the following
definitions shall apply:
(1) "Applicant" means a private entity or its affiliates that
proposes the project and its successors, heirs, and assignees.
(2) "Initial project approval" means any actions, activities,
ordinances, resolutions, agreements, approvals, determinations,
findings, or decisions taken, adopted, or approved by the lead agency
required to allow the applicant to commence the construction of the
project, as determined by the lead agency.
(3) "Project" means a project that substantially conforms to the
project description for the Convention Center Modernization and
Farmers Field Project set forth in the notice of preparation released
by the City of Los Angeles on March 17, 2011.
(4) "Stadium" means, except as the context indicates otherwise,
the stadium built pursuant to the project for football and other
spectator events.
(5) "Subsequent project approval" means any actions, activities,
ordinances, resolutions, agreements, approvals, determinations,
findings, or decisions by the lead agency required for, or in
furtherance of, the project that are taken, adopted, or approved
following the initial project approvals until the project obtains
certificates of occupancy.
(6) "Trip ratio" means the total annual number of private
automobiles arriving at the stadium for spectator events divided by
the total annual number of spectators at the events.
(b) (1) This section does not apply to the project and shall
become inoperative on the date of the release of the draft
environmental impact report and is repealed on January 1 of the
following year, if the applicant fails to notify the lead agency
prior to the release of the draft environmental impact report for
public comment that the applicant is electing to proceed pursuant to
this section.
(2) The lead agency shall notify the Secretary of State if the
applicant fails to notify the lead agency of its election to proceed
pursuant to this section.
(c) (1) (A) Notwithstanding any other law, the procedures set
forth in subdivision (d) shall apply to any action or proceeding
brought to attack, review, set aside, void, or annul the
certification of the environmental impact report for the project or
the granting of any initial project approvals.
(B) Notwithstanding any other law, the procedures set forth in
subdivision (j) shall apply to any action or proceeding brought to
attack, review, set aside, void, or annul any subsequent project
approvals.
(2) Notwithstanding any other law, the procedure set forth in
subdivision (f) shall apply to the certification of the environmental
impact report for the project and to any initial project approvals.
(d) (1) An action or proceeding to attack, set aside, void, or
annul a determination, finding, or decision of the lead agency
certifying the environmental impact report or granting one or more
initial project approvals shall be commenced by filing a petition for
a writ of mandate with the Second District Court of Appeal and shall
be served on the respondent and the real party in interest within 30
days of the filing by the lead agency of the notice required by
subdivision (a) of Section 21152.
(2) The petitioner shall file and serve the opening brief in
support of the petition for writ of mandate within 40 days of the
filing of the petition for a writ of mandate.
(3) The respondent and real party in interest shall file and serve
any brief in opposition to the petition for writ of mandate within
25 days of the filing of the opening brief.
(4) The petitioner shall file and serve the reply brief within 20
days of the filing of the last opposition brief to the petitioner's
opening brief.
(5) Except as provided in paragraph (6), parties to the action
shall comply with all applicable California Rules of Court in the
filing of the petition for writ of mandate and the briefs.
(6) (A) Rule 8.220 of the California Rules of Court shall not
apply to the time periods set forth in paragraphs (2) to (4),
inclusive.
(B) If a petitioner fails to file the opening brief pursuant to
paragraph (2), the Court of Appeal shall dismiss the petition.
(C) If the respondents and real party in interest fail to file the
brief in opposition pursuant to paragraph (3), the Court of Appeal
shall decide the petition for writ of mandate based on the record,
the opening brief, and any oral argument by the petitioner.
(7) Except upon a showing of extraordinary good cause, the Court
of Appeal shall not grant any extensions of time to the deadlines
specified in this subdivision. Any extension shall be limited to the
minimum amount the Court of Appeal deems to be necessary.
(8) The Court of Appeal may, on its motion or upon request from a
party, appoint a special master to assist the Court of Appeal in
conducting the expedited judicial review required pursuant to this
subdivision. If the Court of Appeal appoints a special master, the
applicant shall pay all reasonable costs for the special master, not
to exceed one hundred fifty thousand dollars ($150,000). If the Court
of Appeal determines that the cost of the special master may exceed
one hundred fifty thousand dollars ($150,000), it may request that
additional funds be provided by the applicant and, if the applicant
agrees to provide the funding, shall use the funds to pay the
additional costs of the special master.
(9) The Court of Appeal shall hold a hearing and issue a decision
on all petitions for writ of mandate filed pursuant to this
subdivision within 60 days of the filing of the last timely reply
brief.
(10) (A) A petition for review of the decision rendered by the
Court of Appeal shall be filed with the Supreme Court and served on
all parties to the petition for writ of mandate within 15 days of the
decision.
(B) Any opposition to the petition for review shall be filed and
served within 15 days of the filing of the petition for review.
(C) The Supreme Court shall render a decision on the petition for
review within 30 days after the filing of the petition for review or
within 15 days after the filing of the opposition to the petition for
review, whichever is earlier.
(11) All briefs and notices filed pursuant to this subdivision
shall be electronically served on parties pursuant to Rule 8.71 of
the California Rules of Court. Each party to the petition shall
provide an electronic service address at which the party agrees to
accept the service.
(12) (A) No provision of law that is inconsistent or conflicts
with this subdivision shall apply to a petition for a writ of mandate
subject to this subdivision, including, but not limited to, any of
the following:
(i) Section 21167.4.
(ii) Subdivisions (a) through (d), inclusive, and (g) through (i),
inclusive, of Section 21167.6.
(iii) Subdivision (f) of Section 21167.8.
(iv) Section 21167.6.5.
(v) Sections 66031 through 66035, inclusive, of the Government
Code.
(B) Except as provided in this section, including subparagraph
(A), the requirements of this division are fully applicable to the
project.
(e) (1) The draft and final environmental impact report shall
include a notice in not less than 12-point type stating the
following:

THIS EIR IS SUBJECT TO SECTION 21168.6.5 OF THE PUBLIC RESOURCES
CODE, WHICH PROVIDES, AMONG OTHER THINGS, THAT THE LEAD AGENCY NEED
NOT CONSIDER CERTAIN COMMENTS FILED AFTER THE CLOSE OF THE PUBLIC
COMMENT PERIOD FOR THE DRAFT EIR. 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 21168.6.5
OF THE PUBLIC RESOURCES CODE AND MUST BE FILED WITH THE SECOND
DISTRICT COURT OF APPEAL. A COPY OF SECTION 21168.6.5 OF THE PUBLIC
RESOURCES CODE IS INCLUDED IN THE APPENDIX TO THIS EIR.

(2) The draft environmental impact report and final environmental
impact report shall contain, as an appendix, the full text of this
section.
(f) (1) Within 10 days after the release of the draft
environmental impact report, the lead agency shall conduct an
informational workshop to inform the public of the key analyses and
conclusions of that report.
(2) Within 10 days before the close of the public comment period,
the lead agency shall hold a public hearing to receive testimony on
the draft environmental impact report. A transcript of the hearing
shall be included as an appendix to the final environmental impact
report.
(3) (A) Within five days following the close of the public comment
period, a commenter on the draft environmental impact report may
submit to the lead agency a written request for nonbinding mediation.
The lead agency and applicant shall participate in nonbinding
mediation with all commenters who submitted timely comments on the
draft environmental impact report and who requested the mediation.
Mediation conducted pursuant to this paragraph shall end no later
than 35 days after the close of the public comment period.
(B) A request for mediation shall identify all areas of dispute
raised in the comment submitted by the commenter that are to be
mediated.
(C) The lead agency shall select one or more mediators who shall
be retired judges or recognized experts with at least five years
experience in land use and environmental law or science, or
mediation. The applicant shall bear the costs of mediation.
(D) A mediation session shall be conducted on each area of dispute
with the parties requesting mediation on that area of dispute.
(E) The lead agency shall adopt, as a condition of approval, any
measures agreed upon by the lead agency, the applicant, and any
commenter who requested mediation. A commenter who agrees to a
measure pursuant to this subparagraph shall not raise the issue
addressed by that measure as a basis for a petition for writ of
mandate challenging the lead agency's decision to certify the
environmental impact report or to grant one or more initial project
approvals.
(4) The lead agency need not consider written comments submitted
after the close of the public comment period, unless those comments
address any of the following:
(A) New issues raised in the response to comments by the lead
agency.
(B) New information released by the public agency subsequent to
the release of the draft environmental impact report, such as new
information set forth or embodied in a staff report, proposed permit,
proposed resolution, ordinance, or similar documents.
(C) Changes made to the project after the close of the public
comment period.
(D) Proposed conditions for approval, mitigation measures, or
proposed findings required by Section 21081 or a proposed reporting
and monitoring program required by paragraph (1) of subdivision (a)
of Section 21081.6, where the lead agency releases those documents
subsequent to the release of the draft environmental impact report.
(E) New information that was not reasonably known and could not
have been reasonably known during the public comment period.
(5) (A) The lead agency shall file the notice required by
subdivision (a) of Section 21152 within five days after the last
initial project approval.
(B) If the notice required by subdivision (a) of Section 21152 is
filed after June 1, 2013, this section shall become inoperative as of
June 1, 2013, and is repealed as of January 1, 2014.
(C) In the event this section is repealed pursuant to subparagraph
(B), the lead agency shall notify the Secretary of State.
(g) (1) For a petition for writ of mandate filed pursuant to this
section, the lead agency shall prepare and certify the record of the
proceedings in accordance with this subdivision and in accordance
with Rule 3.1365 of the California Rules of Court. The applicant
shall pay the lead agency for all costs of preparing and certifying
the record of proceedings.
(2) No later than the date of the release of the draft
environmental impact report, 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. 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 prepared or received by the lead agency.
(3) The lead agency shall encourage written comments on the
project to be submitted in a readily accessible electronic format,
and shall make any such comment available to the public in a readily
accessible electronic format within five days of its receipt.
(4) 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.
(5) The lead agency shall indicate in the record of the
proceedings comments received that were not considered by the lead
agency pursuant to paragraph (4) of subdivision (f) and need not
include the content of the comments as a part of the record.
(6) Within five days after the filing of the notice required by
subdivision (a) of Section 21152, the lead agency shall certify the
record of the proceedings for the approval or determination and shall
provide an electronic copy of the record to a party that has
submitted a written request for a copy. The lead agency may charge
and collect a reasonable fee for the electronic copy, which shall not
exceed the reasonable cost of reproducing that copy.
(7) Within 10 days after being served with a petition for a writ
of mandate pursuant to paragraph (1) of subdivision (d), the lead
agency shall lodge a copy of the certified record of proceedings with
the Court of Appeal.
(8) Any dispute over the content of the record of the proceedings
shall be resolved by the Court of Appeal. Unless the Court of Appeal
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.
(9) The contents of the record of proceedings shall be as set
forth in subdivision (e) of Section 21167.6.
(h) It is the intent of the Legislature that the project minimize
traffic congestion and air quality impacts that may result from
private automobile trips to the stadium through the requirements of
this division as supplemented, pursuant to subdivision (i), by the
implementation of measures that will do both of the following:
(1) Achieve and maintain carbon neutrality by reducing to zero the
net emissions of greenhouse gases, as defined in subdivision (g) of
Section 38505 of the Health and Safety Code, from private automobile
trips to the stadium.
(2) Achieve and maintain a trip ratio that is no more than 90
percent of the trip ratio at any other stadium serving a team in the
National Football League.
(i) (1) As a condition of approval of the project subject to this
section, the lead agency shall require the applicant to implement
measures that will meet the requirements of this division and
paragraph (1) of subdivision (h) by the end of the first season
during which a National Football League team has played at the
stadium. To maximize public health, environmental, and employment
benefits, the lead agency shall place the highest priority on
feasible measures that will reduce greenhouse gas emissions on the
stadium site and in the neighboring communities of the stadium.
Offset credits shall be employed by the applicant only after feasible
local emission reduction measures have been implemented. The
applicant shall, to the extent feasible, place the highest priority
on the purchase of offset credits that produce emission reductions
within the city or the boundaries of the South Coast Air Quality
Management District.
(2) To ensure that the stadium achieves a trip ratio that is no
more than 90 percent of the trip ratio at any other stadium serving a
team in the National Football League, the applicant shall implement
the necessary measures as follows:
(A) Not later than the date of the certification of the
environmental impact report for the project, the lead agency shall
develop and adopt a protocol to implement this subdivision pursuant
to this division and subdivision (h), including, but not limited to,
criteria and guidelines that will be used to determine the trip
ratio.
(B) Following the conclusion of the second, third, fourth, and
fifth seasons during which a National Football League team has played
at the stadium, the applicant shall prepare a report to the lead
agency that describes the measures it has undertaken to reduce trips
based on the protocol developed and adopted pursuant to subparagraph
(A), the trip ratio at the stadium, and the results of those
measures. The report shall also include a summary of publicly
available data and other data gathered by the applicant regarding
average vehicle ridership, nonpassenger automobile modes of arrival,
and trip reduction measures undertaken at other stadiums serving a
team in the National Football League.
(C) Following the lead agency's review of the report submitted
following the fourth season, the lead agency shall determine whether
adequate data is available to determine whether the trip ratio at
stadium events is more than 90 percent of the trip ratio at any other
stadiums serving a National Football League team. If the lead agency
concludes that adequate data does not exist, the lead agency shall
take necessary steps to collect, or cause to be collected, the data
reasonably necessary to make the determination. The applicant shall
pay the reasonable costs of collecting the data pursuant to
subdivision (a) of Section 21089.
(D) Following the lead agency's review of the report submitted
following the fifth season, the lead agency shall determine the trip
ratio at stadium events and the lowest trip ratio at any other
stadium serving a National Football League team. If the trip ratio at
the stadium is more than 90 percent of the trip ratio at the other
stadium with the lowest trip ratio, the lead agency shall, within six
months following the receipt of the report, require the applicant to
implement additional feasible measures that the lead agency
determines pursuant to subparagraph (E) will be sufficient for the
stadium to achieve the target specified in paragraph (2) of
subdivision (h).
(E) Any trip reduction measure used at other stadiums serving a
National Football League team shall be presumed to be feasible unless
a preponderance of the evidence demonstrates that the measure is
infeasible. The lead agency's decision whether to adopt any
mitigation measures pursuant to subparagraph (D) other than those
used at another stadium serving a National Football League team shall
be governed by the substantial evidence test. This subparagraph does
not require the applicant to bear the cost of improving the capacity
or performance of transit facilities other than the following:
(i) Temporarily expanding the capacity of a public transit line,
as needed, to serve stadium events.
(ii) Providing private charter buses or other similar services, as
needed, to serve stadium events.
(iii) Paying its fair share of the cost of measures that expand
the capacity of a public fixed or light rail station that is used by
spectators attending stadium events.
(F) Any action or proceeding to attack, review, set aside, void,
or annul a determination, finding, or decision of the lead agency
regarding the additional mitigation measures pursuant to subparagraph
(D) shall be commenced within 30 days following the lead agency's
filing of the notice required by subdivision (a) of Section 21152 and
shall be governed by this division. The procedures set forth in
subdivision (d) shall not apply to that action or proceeding.
Notwithstanding any other law, compliance or noncompliance with this
paragraph shall not result in the stadium being required to cease or
limit operations.
(G) If the lead agency requires the applicant to implement
additional measures pursuant to subparagraph (D), the applicant shall
submit the report described in subparagraph (B) to the lead agency
following the conclusion of each subsequent season until the lead
agency determines that the applicant has achieved a trip ratio at the
stadium that is not more than 90 percent of the trip ratio at any
other stadium serving a National Football League team for two
consecutive seasons or until the applicant submits the required
report following the conclusion of the 10th season, whichever occurs
earlier. Nothing in this subparagraph affects the ongoing obligations
of the applicant pursuant to subdivision (h) and this subdivision.
(H) All obligations of the applicant set forth in this subdivision
or imposed upon the applicant by the lead agency pursuant to this
subdivision shall run with the land.
(3) This subdivision and subdivision (h) shall not serve as a
basis for any action or proceeding to attack, set aside, void, or
annul a determination, finding, or decision of the lead agency in
certifying the environmental impact report for the project or in
granting the initial or subsequent project approvals.
(4) The obligations imposed pursuant to this subdivision and
subdivision (h) supplement, and do not replace, mitigation measures
otherwise imposed on the project pursuant to this division.
(j) (1) An action or proceeding to attack, set aside, void, or
annul a determination, finding, or decision of the lead agency
granting a subsequent project approval shall be subject to the
requirements of Chapter 6 (commencing with Section 21165).
(2) (A) In granting relief in an action or proceeding brought
pursuant to this subdivision, the court shall not stay or enjoin the
construction or operation of the project unless the court finds
either of the following:
(i) The continued construction or operation of the project
presents an imminent threat to the public health and safety.
(ii) The project site contains unforeseen important Native
American artifacts or unforeseen important historical,
archaeological, or ecological values that would be materially,
permanently, and adversely affected by the continued construction or
operation of the project.
(B) If the court finds that clause (i) or (ii) is satisfied, the
court shall only enjoin those specific project activities that
present an imminent threat to public health and safety or that
materially, permanently, and adversely affect unforeseen important
Native American artifacts or unforeseen important historical,
archaeological, or ecological values.
(k) 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.
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. 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 unique need for the
development of the stadium in the City of Los Angeles, otherwise
known as Farmers Field, in an expeditious manner.