# ATTACHMENT AAssembly Bill No. 8

CHAPTER 6

An act to amend Section 11011 of the Go v ernment Code, to add Section 43018.2 to the Health and Safety Code, to add and repeal Sections 21080.41 and 21080.42 of the Public Resources Code, and to add Section 130240.5 to the Public Utilities Code, relating to state go v ernment.

[Appro v ed by Go v ernor February 20, 2009. Filed with Secretary of State February 20, 2009.]

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AB 8, Nestande

. State go v ernment. (1) The California En

vironmental Quality Act (CEQA) requires a lead
agenc y to prepare, or cause to be prepared, and certify the completion of,

an en vironmental impact report on a project that it proposes to carry out or
appro v e that may ha v e a signi fi cant ef fect on the en

vironment or to adopt

a ne g ati v e declaration if it fi nds that the project will not ha v e that ef fect. CEQA generally requires a lead agenc y to prepare a mitig ated ne g ati v e declaration for a project that may ha v e a signi fi cant ef

fect on the en

vironment if re visions in the project w ould a v oid or mitig ate that ef fect and there is no substantial e vidence that the project, as re vised, w ould ha v e a signi fi cant ef fect on the en

vironment. CEQA also pro vides some e x emptions from its requirements for speci fi ed projects. Existing la w authorizes the Department of General Services to dispose of real property that the Le gislature has declared surplus. This bill w ould e x empt the sale of surplus state real property made on an

“ as is ” basis from designated pro visions of CEQA. The bill w ould also

e x empt from those pro visions of CEQA the e x ecution of the purchase and sale agreement or the e xchange agreement for surplus state real property if the disposition is not made on an “ as is ” basis and the close of escro w is contingent on a speci fi ed requirement or compliance with CEQA. This bill w ould e x empt speci fi ed transportation projects from CEQA unless, on or after February 1, 2009, the lead agenc y changes the scope of those projects from the manner in which those projects are described in the bill. Because a lead agenc y w ould ha v e to determine the applicability of the

e x emption and to tak e certain speci fi ed action upon a determination of

e x emption, the bill w ould impose a state-mandated local program. The bill also w ould create an ad hoc critical infrastructure permit re vie w panel, that w ould be in ef fect until January 1, 2011, to con v ene those permitting agencies, as de fi ned, with jurisdiction o v er speci fi ed transportation projects to coordinate actions on permits, to help reduce or eliminate unnecessary con fl ict, delay , duplication, o v erlap, or paperw ork associated with the issuance of multiple permits, and to assist in ensuring

**** 96that permitting agencies and the public ha v e the information necessary to

deem permit applications complete and to act upon permits at the earliest feasible date. The bill w ould require a permitting agenc y for one of those transportation projects to act on a permit within 30 days of the application being deemed complete. If the permitting agenc y does not act on a permit during that time, the f

ailure to act w ould be deemed appro v al of the permit application for the transportation project. The bill w ould require permitting agencies to act upon a permit for the speci fi ed transportation projects in a shorter period of time, if feasible. The bill w ould authorize its time limits to be e xtended upon mutual written agreement of the lead agenc y and a permitting agenc y

. (2) Existing la w imposes v arious limitations on emissions of air contaminants for the control of air pollution from v ehicular and non v ehicular sources. Existing la w generally designates the State Air Resources Board as the state agenc y with the primary responsibility for the control of v ehicular air pollution. Existing la w requires the state board to adopt and implement
motor v ehicle emission standards, in-use performance standards, and motor

v ehicle fuel speci fi cations for the control of air contaminants, including standards for of

f-road and non

v ehicle engine cate gories. This bill w ould require the state board to amend speci fi ed re gulations relating to the emission restrictions of of f-road diesel v ehicles, as speci fi ed. (3) Existing la w establishes the Orange County T ransportation Authority

. This bill w ould authorize the Orange County T ransportation Authority to acquire rights-of-w ay from willing sellers for speci fi ed transportation projects. (4) The California Constitution requires the state to reimb urse local agencies and school districts for certain costs mandated by the state. Statutory
pro visions establish procedures for making that reimb ursement. This bill w ould pro vide that no reimb ursement is required by this act for a speci fi ed reason.

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

SECTION 1. Section 11011 of the Go v ernment Code is amended to read: 11011. (a) On or before December 31 of each year , each state agenc y shall mak e a re vie w of all proprietary state lands, other than tax-deeded land, land held for highw ay purposes, lands under the jurisdiction of the State Lands Commission, land that has escheated to the state or that has been distrib uted to the state by court decree in estates of deceased persons, and lands under the jurisdiction of the State Coastal Conserv anc y , o v er which it has jurisdiction to determine what, if an y , land is in e xcess of its foreseeable needs and report thereon in writing to the Department of General Services. These lands shall include, b ut not be limited to, the follo wing: (1) Land not currently being utilized, or currently being underutilized, by the state agenc y for an y e xisting or ongoing state program.

**** 96 — 2

— Ch. 6(2) Land for which the state agenc y has not identi fi ed an y speci fi c

utilization relati v e to future programmatic needs. (3) Land not identi fi ed by the state agenc y within its master plans for f acility de v elopment. (b) Jurisdiction of all land reported as e xcess shall be transferred to the Department of General Services, when requested by the director of that department, for sale or disposition under this section or as may be otherwise authorized by la w

. (c) The Department of General Services shall report to the Le gislature annually , the land declared e xcess and request authorization to dispose of the land by sale or otherwise. (d) The Department of General Services shall re vie w and consider reports submitted to the Director of General Services pursuant to Section 66907.12 of this code and Section 31104.3 of the Public Resources Code prior to recommending or taking an y action on surplus land, and shall also circulate the reports to all agencies that are required to report e xcess land pursuant to this section. In recommending or determining the disposition of surplus lands, the Director of General Services may gi v e priority to proposals by the state that in

v olv e the e xchange of surplus lands for lands listed in those reports. (e) Except as otherwise pro vided by an y other la w , whene v er an y land is reported as e xcess pursuant to this section, the Department of General Services shall determine whether or not the use of the land is needed by an y other state agenc y . If the Department of General Services determines that

an y land is needed by an y other state agenc y it may transfer the jurisdiction of this land to the other state agenc y upon the terms and conditions as it may deem to be for the best interests of the state. (f) When authority is granted for the sale or other disposition of lands declared e xcess, and the Department of General Services has determined that the use of the land is not needed by an y other state agenc y , the Department of General Services shall sell the land or otherwise dispose of the same pursuant to the authorization, upon an y terms and conditions and subject to an y reserv ations and e xceptions as the Department of General Services may deem to be for the best interests of the state. The Department of General Services shall report to the Le gislature annually , with respect to each parcel of land authorized to be sold under this section, gi ving the follo wing information: (1) A description or other identi fi cation of the property

. (2) The date of authorization. (3) W ith re g ard to each parcel sold after the ne xt preceding report, the date of sale and price recei v ed, or the v alue of the land recei v ed in e xchange. (4) The present status of the property , if not sold or otherwise disposed of at the time of the report. (g) Except as otherwise speci fi ed by la w , the net proceeds recei v ed from

an y real property disposition, including the sale, lease, e xchange, or other means, that is recei v ed pursuant to this section shall be paid into the De fi cit Reco v ery Bond Retirement Sinking Fund Subaccount, established pursuant

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—to subdi vision (f) of Section 20 of Article XVI of the California Constitution,

until the time that the bonds issued pursuant to the Economic Reco v ery Bond Act (T

itle 18 (commencing with Section 99050)), appro v ed by the

v oters at the March 2, 2004, state wide primary election, are retired. Thereafter , the net proceeds recei v ed pursuant to this section shall be deposited in the Special Fund for Economic Uncertainties. F or purposes of this section, net proceeds shall be de fi ned as proceeds less an y outstanding loans from the General Fund, or outstanding reimb ursements due to the Property Acquisition La w Mone y Account for costs incurred prior to June 30, 2005, related to the management of the
state ’ s real property assets, including, b ut not limited to, surplus property identi fi cation, le g al research, feasibility statistics, acti vities associated with land use, and due diligence. (h) The Director of Finance may appro v e loans from the General Fund to the Property Acquisition La w Mone y Account, which is hereby created in the State T

reasury , for the purposes of supporting the management of the
state ’ s real property assets. (i) An y rentals or other re v enues recei v ed by the department from real properties, the jurisdiction of which has been transferred to the Department of General Services under this section, shall be deposited in the Property Acquisition La w Mone y Account and shall be a v ailable for e xpenditure by the Department of General Services upon appropriation by the Le gislature. (j) Nothing contained in this section shall be construed to prohibit the sale, letting, or other disposition of an y state lands pursuant to an y la w no w or hereafter enacted authorizing the sale, letting, or disposition. (k) (1) The disposition of a parcel of surplus state real property , pursuant to Section 11011.1, made on an “ as is ” basis shall be e x empt from Chapter 3 (commencing with Section 21100) to Chapter 6 (commencing with Section 21165), inclusi v e, of Di vision 13 of the Public Resources Code. Upon title to the parcel v esting in the purchaser or transferee of the property , the purchaser or transferee shall be subject to an y local go v ernmental land use entitlement appro v al requirements and to Chapter 3 (commencing with Section 21100) to Chapter 6 (commencing with Section 21165), inclusi v e, of Di vision 13 of the Public Resources Code. (2) If the disposition of a parcel of surplus state real property , pursuant to Section 11011.1, is not made on an “ as is ” basis and close of escro w is contingent on the satisf

action of a local go v ernmental land use entitlement
appro v al requirement or compliance by the local go v ernment with Chapter 3 (commencing with Section 21100) to Chapter 6 (commencing with Section 21165), inclusi v e, of Di vision 13 of the Public Resources Code, the e x ecution of the purchase and sale agreement or of the e xchange agreement by all parties to the agreement shall be e x empt from Chapter 3 (commencing with Section 21100) to Chapter 6 (commencing with Section 21165), inclusi v e, of Di vision 13 of the Public Resources Code. (3) F or the purposes of this subdi vision, “ disposition ” means the sale,

e xchange, sale combined with an e xchange, or transfer of a parcel of surplus state property

.

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— Ch. 6SEC. 2. Section 43018.2 is added to the Health and Safety Code , to read:

43018.2. (a) The state board shall amend Sections 2449.1 and 2449.2 of T itle 13 of the California Code of Re gulations to do both of the follo wing: (1) Modify the nitrogen oxides (NO x ) and particulate matter (PM) best

a v ailable control technology requirements to allo w a fl eet to achie v e its cumulati v e turno v er and retro fi t requirements for the years 2011 to 2013, inclusi v e, by completing 20 percent of its cumulati v e turno v er and retro fi t oblig ations in 2011, an additional 20 percent in 2012, and the balance in 2013. (2) (A) Modify the nitrogen oxides (NO x ) and particulate matter (PM) credit pro visions to re fl ect v ehicle retirements that reduce total fl eet horsepo wer between March 1, 2006, and March 1, 2010, and reduced acti vity between July 1, 2007, and March 1, 2010. (B) “ Reduced acti vity ” for the purposes of this paragraph means the percentage reduction in the a v erage annual hours of operation of the of f-road fl eet. That percentage shall be carried forw ard as a credit for nitrogen oxides (NO x ) and particulate matter (PM) to of fset the annual percentage reductions required for 2010 and 2011. The credit shall not be used to meet an y oblig ations be yond 2011. (b) The amendment of re gulations required by this section is e x empt from the Administrati v e Procedure Act (Chapter 3.5 (commencing with Section 11340) of P art 1 of Di vision 3 of T itle 2 of the Go v ernment Code). SEC. 3. Section 21080.41 is added to the Public Resources Code , to read: 21080.41. (a) As used in this section, the follo wing terms ha v e the follo wing meanings: (1) “ Permitting agenc y ” means an y of the follo wing agencies: (A) The Department of Fish and Game. (B) The Department of T oxic Substances Control. (C) A California re gional w ater quality control board. (D) A Certi fi ed Uni fi ed Program Agenc y established pursuant to Chapter 6.11 (commencing with Section 25404) of Di vision 20 of the Health and Safety Code. (E) An air pollution control district or air quality management district. (F) The California Coastal Commission. (G) A local agenc y with a certi fi ed local coastal program. (H) The Public Utilities Commission. (2) “ T ransportation project ” means an y of the follo wing projects: (A) State Route 99 median widening, adding one mix ed fl o w lane in each direction, from State Route 120 west to 0.4 miles north of Arch Road, in Manteca in San Joaquin County

. (B) State Route 12 pa v ement rehabilitation and shoulder widening in San Joaquin County on Bouldin Island. (C) U.S. Highw ay 101 pa v ement rehabilitation and shoulder widening in San Luis Obispo County

. (D) U.S. Highw ay 101 Do yle Dri v e reconstruction in the City and County of San Francisco.

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—(E) P alm A v enue grade separation in San Bernardino County

. (F) State Route 57 northbound widening, from Katella A v enue to Lincoln A v enue, in Orange County

. (G) Addition of auxiliary westbound lane to State Route 91, from Interstate 5 to State Route 57, in Orange County

. (H) State Route 91 widening, adding one mix ed fl o w lane in each direction, from State Route 55 to W eir Can yon Road, in Orange County

. (I) Construction of northbound and southbound high-occupanc y v ehicle lanes on Interstate 805 from Interstate 5 to Carroll Can yon Road, including the construction of north-f acing direct access ramps in San Die go County

. (J) The Sacramento Intermodal T rack Relocation Project as speci fi ed in the appro v ed Railyards Speci fi c Plan, located in Sacramento County

. (b) (1) There is hereby created an ad hoc critical infrastructure permit

re vie w panel consisting of the follo wing of fi cials: (A) The Secretary of Business, T ransportation and Housing. (B) The Secretary for En vironmental Protection. (C) The Secretary of the Natural Resources Agenc y

. (2) The ad hoc critical infrastructure permit re vie w panel shall con v ene, in a duly noticed public hearing, those permitting agencies with jurisdiction

o v er a transportation project to coordinate actions on permits, to help reduce or eliminate unnecessary con fl ict, delay , duplication, o v erlap, or paperw ork associated with issuance of multiple permits, and to assist in ensuring that permitting agencies and the public ha v e the information necessary to deem permit applications complete and to act upon permits at the earliest feasible date. (c) (1) A permitting agenc y for a transportation project, within 15 days of recei ving an application for a permit from the Department of T ransportation, shall deem the application complete or request additional information necessary to deem the application complete. The Department of T ransportation shall pro vide to the permitting agenc y the requested additional information. W ithin 15 days of recei ving the application, if the permitting agenc y does not either deem the application complete or request additional information, the application is deemed complete. (2) A permitting agenc y for a transportation project shall act on a permit for a transportation project within 30 days of an application being deemed completed pursuant to paragraph (1). (d) If a permitting agenc y f ails to act on a permit for a transportation project within the 30 days required pursuant to paragraph (2) of subdi vision (c), the f ailure to act shall be deemed appro v al of the permit application for the project. Ho we v er , the permitting agenc y shall pro vide public notice when the project is appro v ed pursuant to this subdi vision, in the same form and manner as it w ould otherwise pro vide that notice under e xisting la w

. (e) The time limits speci fi ed in this section are maximum time limits for acting upon a transportation project. All permitting agencies, where feasible, shall act upon a permit for a transportation project in a shorter period of time.

**** 96 — 6

— Ch. 6(f) The time limits speci fi ed in this section may be e xtended upon mutual

written agreement of the lead agenc y and a permitting agenc y

. (g) The time limits speci fi ed in this section shall not apply if federal statutes, re gulations, or dele g ation agreements establish time schedules that dif fer from those time limits, and f ailure to comply with federal time limits could lead to further delays of a transportation project. (h) Except as otherwise pro vided by this section, this section does not af fect the requirements, duties, or authority of a permitting agenc y established by statute or re gulation. (i) This section shall remain in ef fect only until January 1, 2011, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2011, deletes or e xtends that date. SEC. 4. Section 21080.42 is added to the Public Resources Code , to read: 21080.42. (a) The follo wing transportation projects are e x empt from this di vision: (1) U.S. Highw ay 101 interchange modi fi cation, adding southbound auxiliary lane and southbound mix ed fl o w lane, from Interstate 280 to Y erba Buena Road, in Santa Clara County

. (2) Construct north and southbound high-occupanc y v ehicle lanes on I-805 from I-5 to Carroll Can yon Road, including construction of north-f acing direct access ramps in San Die go County

. (3) State Route 99, Los Molinas rehabilitation and traf fi c calming, from Orange Street to T

ehama V ine Road, in T

ehama County

. (4) State Route 99, Island P ark widening project, adding one mix ed fl o w lane in each direction, from Ashlan A v enue to Grantlund A

v enue, in Fresno County

. (5) State Route 99 median widening, adding one mix ed fl o w lane in each direction, from State Route 120 west to 0.4 miles north of Arch Road, in Manteca in San Joaquin County

. (6) State Route 12 pa v ement rehabilitation and shoulder widening in San Joaquin County on Bouldin Island. (7) State Route 91 widening, adding one mix ed fl o w lane in each direction, from State Route 55 to W eir Can yon Road in Orange County

. (8) U.S. Highw ay 101 pa v ement rehabilitation and shoulder widening in San Luis Obispo County

. (b) An e x emption pro vided pursuant to subdi vision (a) shall not apply to a transportation project if, on or after February 1, 2009, a lead agenc y changes the scope of that project from the manner in which the project is described in subdi vision (a). SEC. 5. Section 130240.5 is added to the Public Utilities Code , to read: 130240.5. Notwithstanding an y other pro vision of la w , the Orange County T ransportation Authority may acquire rights-of-w ay from willing sellers for the follo wing projects: (a) Addition of auxiliary westbound lane to State Route 91, from Interstate 5 to State Route 57, in Orange County

.

**** 96 Ch. 6

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—(b) State Route 57 northbound widening, from Katella A v enue to Lincoln A v enue, in Orange County

. SEC. 6. No reimb ursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agenc y or school district has the authority to le vy service char ges, fees, or assessments suf fi cient to pay for the program or le v el of service mandated by this act, within the meaning of Section 17556 of the Go v ernment Code.

O

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— Ch. 6

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# ATTACHMENT C