California 2009-2010 Regular Session Status: To Executive

SB 827 — South Coast Air Quality Management District: CEQA: permits.

Last action — Chaptered by Secretary of State. Chapter 206, Statutes of 2009.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

(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 certain specified projects from its requirements. Under existing law, every air pollution control district or air quality management district in a federal nonattainment area for any national ambient air quality standard is required to establish by regulation, a system by which all reductions in emissions of air contaminants that are to be used to offset certain future increases in the emission of air contaminants are banked prior to use. The South Coast Air Quality Management District (district) promulgated various rules establishing offset exemptions, providing Priority Reserve offset credits, and creating or tracking credits used for offset exemption or Priority Reserve projects. In Natural Resources Defense Council v. South Coast Air Quality Management District (Super. Ct. Los Angeles County, 2007, No. BS 110792) , the superior court found the promulgation of certain of these district rules to be in violation of CEQA. This bill would authorize the district to issue permits under specified circumstances, notwithstanding this court decision. The provisions of the bill would be repealed on May 1, 2012. (2) This bill would state the findings and declarations of the Legislature concerning the need for special legislation.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 206, Statutes of 2009.

  2. Approved by Governor.

  3. Enrolled. To Governor at 1 p.m.

  4. Senate concurs in Assembly amendments. (Ayes 27. Noes 9. Page 2457.) To enrollment.

  5. In Senate.

  6. Read third time. Passed. (Ayes 45. Noes 21. Page 3399.) To Senate.

  7. Amended.

  8. Read second time.

  9. (Heard in committee on September 11.)

  10. From committee: Do pass as amended. (Ayes 9. Noes 2.)

  11. Joint Rule 62(a) file notice suspended. (Page 3319.)

  12. (Heard in committee on September 9.)

  13. From committee: Do pass, but first be re-referred to Com. on U. & C. (Ayes 9. Noes 0.) Re-referred to Com. on U. & C.

  14. Joint Rule 62(a) file notice suspended. (Page 3056.)

  15. Re-referred to Coms. on NAT. RES. and U. & C. pursuant to Assembly Rule 77.2.

  16. Read third time. Amended. (Page 3044.)

  17. From inactive file to third reading file.

  18. Notice of motion to remove from inactive file given by Assembly Member Torrico.

  19. Placed on inactive file on request of Assembly Member Torrico.

  20. From Consent Calendar to third reading.

  21. Read second time. To Consent Calendar.

  22. (Heard in committee on July 8.)

  23. From committee: Do pass. To Consent Calendar. (Ayes 17. Noes 0.)

  24. To Com. on G.O.

  25. In Assembly. Read first time. Held at Desk.

  26. Read third time. Passed. (Ayes 36. Noes 0. Page 928.) To Assembly.

  27. Read second time. To Consent Calendar.

  28. From committee: Do pass. To Consent Calendar. (Ayes 10. Noes 0. Page 849.)

  29. Set for hearing May 12.

  30. To Com. on G.O.

  31. From print. May be acted upon on or after April 19.

  32. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • Wright · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 2 voted No

Sponsors (1)

  • Wright

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

SB 827 Wright Senate Third Reading

Passed 51 Yea · 24 Nay · 16 Other
Party YeaNayPresentNot Voting
Unaffiliated 4822015
Democratic 1200
Republican 2001
Total 5124016
% of votes cast 56%26%0%18%
How each member voted (91)
Member Party Vote
Hagman — Yea
Eng — Not Voting
Bonnie — Nay
Lowenthal — Nay
John — Nay
A. — Nay
Perez — Nay
Portantino — Nay
Salas — Nay
Feuer — Nay
De — Not Voting
La — Not Voting
Torre — Not Voting
De — Not Voting
Leon — Not Voting
Fong — Not Voting
Saldana — Not Voting
Chesbro — Nay
Huffman — Nay
Bass — Not Voting
Block — Not Voting
Monning — Nay
Nava — Nay
Ruskin — Nay
Skinner — Nay
Torrico — Not Voting
Carter — Yea
Fuentes — Yea
Conway — Yea
Cook — Yea
Bill — Yea
Tom — Yea
Galgiani — Yea
Garrick — Yea
Gilmore — Yea
Charles — Yea
Hall — Yea
Harkey — Yea
Hayashi — Yea
Hernandez — Yea
Jeffries — Yea
Fletcher — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Audra — Yea
Lieu — Yea
Ammiano — Nay
Anderson — Yea
Beall — Nay
Blakeslee — Yea
Logue — Yea
Miller — Yea
Nestande — Yea
Silva — Yea
Solorio — Yea
Torlakson — Yea
Tran — Yea
Adams — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Nay
Buchanan — Nay
Hill — Nay
Huber — Nay
Knight — Yea
Krekorian — Not Voting
Ma — Nay
Mendoza — Yea
Nielsen — Yea
Smyth — Yea
Swanson — Yea
Torres — Not Voting
Villines — Yea
Emmerson — Yea
Coto — Yea
Evans — Not Voting
Davis — Yea
DeVore — Yea
Yamada — Nay
Fuller — Yea
Furutani — Not Voting
Beth Gaines — Yea
Bill Berryhill — Yea
Bill Berryhill — Yea
Arambula, Joaquin Democratic Nay
Caballero, Anna M. Democratic Nay
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Not Voting
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

W/O REF. TO FILE SB827 Wright Concurrence

Passed 27 Yea · 9 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 24905
Democratic 2000
Republican 1000
Total 27905
% of votes cast 66%22%0%12%
How each member voted (41)
Member Party Vote
Yee — Nay
Hancock — Nay
Wyland — Yea
Cedillo — Yea
Cogdill — Yea
Corbett — Nay
Florez — Yea
Harman — Yea
Runner — Yea
Huff — Yea
Lowenthal — Nay
Negrete — Not Voting
Ducheny — Yea
Kehoe — Not Voting
Leno — Nay
Liu — Nay
McLeod — Not Voting
Oropeza — Yea
Pavley — Nay
Ashburn — Yea
Benoit — Yea
Dutton — Yea
Price — Yea
Romero — Yea
Simitian — Not Voting
Steinberg — Yea
Wiggins — Nay
Wolk — Yea
Aanestad — Yea
Alquist — Not Voting
Hollingsworth — Yea
Maldonado — Yea
Walters — Yea
Wright — Yea
Correa — Yea
Cox — Yea
DeSaulnier — Nay
Denham — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass as amended.

Passed 10 Yea · 2 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 10204
Total 10204
% of votes cast 63%13%0%25%
How each member voted (16)
Member Party Vote
Tom — Yea
Fletcher — Yea
Fong — Not Voting
Carter — Yea
Fuller — Yea
Furutani — Yea
Krekorian — Yea
Skinner — Nay
Smyth — Yea
Swanson — Yea
Villines — Not Voting
Buchanan — Not Voting
Huffman — Nay
Torrico — Not Voting
Fuentes — Yea
Bill Berryhill — Yea

Official roll call →

Do pass, to Consent Calendar.

Passed 20 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 20002
Total 20002
% of votes cast 91%0%0%9%
How each member voted (22)
Member Party Vote
De — Yea
Leon — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Chesbro — Not Voting
Cook — Yea
Evans — Not Voting
Galgiani — Yea
Hall — Yea
Hill — Yea
Jeffries — Yea
Anderson — Yea
Lieu — Yea
Mendoza — Yea
Nestande — Yea
Silva — Yea
Torres — Yea
Tran — Yea
Torrico — Yea
Coto — Yea

Official roll call →

Consent Calendar 2nd SB827 Committee on G.O. (Florez)

Passed 37 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 33003
Democratic 3000
Republican 1000
Total 37003
% of votes cast 93%0%0%8%
How each member voted (40)
Member Party Vote
Yee — Yea
Cedillo — Not Voting
Cogdill — Yea
Corbett — Yea
Hancock — Yea
Harman — Yea
Wyland — Yea
Negrete — Yea
Runner — Yea
Ducheny — Yea
Hollingsworth — Yea
Huff — Yea
Leno — Yea
Liu — Yea
Dutton — Yea
McLeod — Yea
Alquist — Yea
Ashburn — Yea
Benoit — Yea
Oropeza — Yea
Romero — Not Voting
Simitian — Yea
Steinberg — Yea
Walters — Yea
Wiggins — Yea
Wolk — Yea
Aanestad — Yea
Kehoe — Yea
Maldonado — Yea
Pavley — Yea
Wright — Yea
Correa — Yea
Cox — Yea
DeSaulnier — Yea
Denham — Yea
Florez — Not Voting
Calderon, Lisa Democratic Yea
Lowenthal, Josh Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass and be placed on the Consent Calendar.

Passed 11 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 10001
Democratic 1001
Total 11002
% of votes cast 85%0%0%15%
How each member voted (13)
Member Party Vote
Yee — Yea
Harman — Yea
Negrete — Yea
Benoit — Yea
McLeod — Yea
Oropeza — Not Voting
Wiggins — Yea
Wright — Yea
Wyland — Yea
Denham — Yea
Florez — Yea
Calderon, Lisa Democratic Not Voting
Padilla, Stephen C. Democratic Yea

Official roll call →

Subjects

environment
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Frequently asked questions

What does SB 827 do?
(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 certain specified projects from its requirements. Under existing law, every air pollution control district or air quality management district in a federal nonattainment area for any national ambient air quality standard is required to establish by regulation, a system by which all reductions in emissions of air contaminants that are to be used to offset certain future increases in the emission of air contaminants are banked prior to use. The South Coast Air Quality Management District (district) promulgated various rules establishing offset exemptions, providing Priority Reserve offset credits, and creating or tracking credits used for offset exemption or Priority Reserve projects. In Natural Resources Defense Council v. South Coast Air Quality Management District (Super. Ct. Los Angeles County, 2007, No. BS 110792) , the superior court found the promulgation of certain of these district rules to be in violation of CEQA. This bill would authorize the district to issue permits under specified circumstances, notwithstanding this court decision. The provisions of the bill would be repealed on May 1, 2012. (2) This bill would state the findings and declarations of the Legislature concerning the need for special legislation.
Who sponsors SB 827?
SB 827 is sponsored by Wright.
What is the current status of SB 827?
This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 827?
Track SB 827 free on One Click Politics — get push/email alerts when it moves.

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