SB 52 — Environmental quality: jobs and economic improvement.
Last action — Re-referred to Com. on J., E.D. & E.
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✓Introduced
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✓In Committee
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3Passed Senate
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4Passed Assembly
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5To Executive
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6Enacted
This bill died with 2011-2012 Regular Session. It reached “Passed Senate” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 establishes procedures for creating the administrative record and judicial review procedure for any action or proceeding brought to challenge the lead agency's decision to certify the EIR or to grant project approvals. The Jobs and Economic Improvement Through Environmental Leadership Act of 2011 establishes alternative procedures for creating the administrative record and specified judicial review procedures for the judicial review of the EIR and approvals granted for a leadership project related to the development of a residential, retail, commercial, sports, cultural, entertainment, or recreational use project, or clean renewable energy or clean energy manufacturing project. The act authorizes the Governor, upon application, to certify a leadership project for streamlining pursuant to the act if certain conditions are met. The act requires that the project result in a minimum investment of $100,000,000 in California upon completion of construction and not result in any net additional emission of greenhouse gases, including greenhouse gas emissions from employee transportation. This bill would require instead that a project result in a minimum investment of $100,000,000 spent on planning, design, and construction of the project. The bill, in order to maximize public health, environmental, and employment benefits, would require a lead agency to place the highest priority on feasible measures that will reduce greenhouse gas emissions on the project site and in the neighboring communities of the project site. (2) The act requires a party seeking judicial review of the EIR to bring concurrently other claims alleging a public agency has granted land use approvals or a leadership project in violation of relevant laws. This bill would repeal this provision. (3) The act requires the Judicial Council to report to the Legislature on or before January 1, 2015, on the effects of the act, including specific information on benefits, costs, and detriments. The bill would require instead that the Judicial Council report to the Legislature on the effects of the act on the administration of justice. The bill also would make technical and clarifying changes. Because a lead agency would be required to perform additional actions, this bill would impose a state-mandated local program. (4) 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.
Bill Text
- Amended 06/26/12 - Amended Assembly Current pdf June 26, 2012
- Amended 01/31/12 - Amended Senate pdf January 31, 2012
- Amended 01/12/12 - Amended Senate pdf January 12, 2012
- Amended 01/04/12 - Amended Senate pdf January 04, 2012
- Introduced 12/15/10 - Introduced pdf December 15, 2010
- SB52 View text html
Action History
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Re-referred to Com. on J., E.D. & E.
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Read second time and amended. Re-referred to Com. on APPR.
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From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 6. Noes 3.) (June 18).
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Referred to Coms. on NAT. RES. and J., E.D. & E.
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In Assembly. Read first time. Held at Desk.
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Read third time. Passed. (Ayes 32. Noes 4. Page 2742.) Ordered to the Assembly.
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Amended pursuant to Joint Rule 23.5. (Page 2742.)
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Read third time. Urgency clause refused adoption. (Ayes 24. Noes 4. Page 2742.)
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Read second time. Ordered to third reading.
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From committee: Be placed on second reading file pursuant to Senate Rule 28.8.
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Read second time and amended. Re-referred to Com. on APPR.
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From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 6. Noes 0. Page 2638.) (January 11).
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Set for hearing January 11.
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From committee with author's amendments. Read second time and amended. Re-referred to Com. on E.Q.
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Set, first hearing. Failed passage in committee. (Ayes 2. Noes 1. Page 853.) Reconsideration granted.
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Set for hearing May 2.
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Referred to Com. on E.Q.
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Read first time.
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From printer. May be acted upon on or after January 15.
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Introduced. To Com. on RLS. for assignment. To print.
Sponsors
- Buchanan · Cosponsor
- Gordon · Cosponsor
- Steinberg · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 2 co-sponsors · 119 not signed on · 2 voted No
Sponsors (1)
- Steinberg
Co-sponsors (2)
- Buchanan
- Gordon
Not signed on (119)
119 members have not signed on to this bill.
Show all 119 →"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.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 3 | 1 | 0 | 1 |
| Republican | 0 | 1 | 0 | 0 |
| Total | 3 | 2 | 0 | 1 |
| % of votes cast | 50% | 33% | 0% | 17% |
How each member voted (6)
| Member | Party | Vote |
|---|---|---|
| Beall | — | Yea |
| Block | — | Yea |
| Morrell | — | Nay |
| Hueso | — | Not Voting |
| V. Manuel Pérez | — | Yea |
| Grove, Shannon | Republican | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 0 | 1 | 0 | 0 |
| Unaffiliated | 6 | 2 | 0 | 0 |
| Total | 6 | 3 | 0 | 0 |
| % of votes cast | 67% | 33% | 0% | 0% |
How each member voted (9)
| Member | Party | Vote |
|---|---|---|
| Halderman | — | Nay |
| Chesbro | — | Yea |
| Knight | — | Nay |
| Monning | — | Yea |
| Brownley | — | Yea |
| Huffman | — | Yea |
| Skinner | — | Yea |
| Dickinson | — | Yea |
| Grove, Shannon | Republican | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 29 | 4 | 0 | 4 |
| Republican | 1 | 0 | 0 | 0 |
| Democratic | 2 | 0 | 0 | 0 |
| Total | 32 | 4 | 0 | 4 |
| % of votes cast | 80% | 10% | 0% | 10% |
How each member voted (40)
| Member | Party | Vote |
|---|---|---|
| Yee | — | Yea |
| Hancock | — | Yea |
| Hernandez | — | Yea |
| Huff | — | Yea |
| Liu | — | Yea |
| Simitian | — | Yea |
| Wolk | — | Yea |
| Lowenthal | — | Yea |
| De León | — | Yea |
| Negrete McLeod | — | Yea |
| Rubio | — | Yea |
| Cannella | — | Yea |
| Runner | — | Not Voting |
| Fuller | — | Nay |
| Kehoe | — | Yea |
| Leno | — | Yea |
| Anderson | — | Nay |
| Corbett | — | Yea |
| Correa | — | Yea |
| Dutton | — | Not Voting |
| Pavley | — | Yea |
| Steinberg | — | Yea |
| Vargas | — | Yea |
| Walters | — | Not Voting |
| Wright | — | Yea |
| Alquist | — | Yea |
| Blakeslee | — | Yea |
| Harman | — | Yea |
| Lieu | — | Yea |
| Price | — | Yea |
| Wyland | — | Not Voting |
| Emmerson | — | Yea |
| Evans | — | Nay |
| DeSaulnier | — | Yea |
| Beth Gaines | — | Yea |
| Bill Berryhill | — | Nay |
| La Malfa | — | Yea |
| Calderon, Lisa | Democratic | Yea |
| Padilla, Stephen C. | Democratic | Yea |
| Strickland, Tony | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 6 | 0 | 0 | 0 |
| Republican | 0 | 0 | 0 | 1 |
| Total | 6 | 0 | 0 | 1 |
| % of votes cast | 86% | 0% | 0% | 14% |
How each member voted (7)
| Member | Party | Vote |
|---|---|---|
| Hancock | — | Yea |
| Kehoe | — | Yea |
| Pavley | — | Yea |
| Lowenthal | — | Yea |
| Blakeslee | — | Yea |
| Simitian | — | Yea |
| Strickland, Tony | Republican | Not Voting |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 2 | 1 | 0 | 3 |
| Republican | 0 | 0 | 0 | 1 |
| Total | 2 | 1 | 0 | 4 |
| % of votes cast | 29% | 14% | 0% | 57% |
How each member voted (7)
| Member | Party | Vote |
|---|---|---|
| Hancock | — | Not Voting |
| Lowenthal | — | Not Voting |
| Blakeslee | — | Nay |
| Kehoe | — | Yea |
| Pavley | — | Not Voting |
| Simitian | — | Yea |
| Strickland, Tony | Republican | Not Voting |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 5 | 0 | 0 | 1 |
| Republican | 0 | 0 | 0 | 1 |
| Total | 5 | 0 | 0 | 2 |
| % of votes cast | 71% | 0% | 0% | 29% |
How each member voted (7)
| Member | Party | Vote |
|---|---|---|
| Hancock | — | Not Voting |
| Lowenthal | — | Yea |
| Blakeslee | — | Yea |
| Kehoe | — | Yea |
| Pavley | — | Yea |
| Simitian | — | Yea |
| Strickland, Tony | Republican | Not Voting |
Subjects
Frequently asked questions
- What does SB 52 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 establishes procedures for creating the administrative record and judicial review procedure for any action or proceeding brought to challenge the lead agency's decision to certify the EIR or to grant project approvals. The Jobs and Economic Improvement Through Environmental Leadership Act of 2011 establishes alternative procedures for creating the administrative record and specified judicial review procedures for the judicial review of the EIR and approvals granted for a leadership project related to the development of a residential, retail, commercial, sports, cultural, entertainment, or recreational use project, or clean renewable energy or clean energy manufacturing project. The act authorizes the Governor, upon application, to certify a leadership project for streamlining pursuant to the act if certain conditions are met. The act requires that the project result in a minimum investment of $100,000,000 in California upon completion of construction and not result in any net additional emission of greenhouse gases, including greenhouse gas emissions from employee transportation. This bill would require instead that a project result in a minimum investment of $100,000,000 spent on planning, design, and construction of the project. The bill, in order to maximize public health, environmental, and employment benefits, would require a lead agency to place the highest priority on feasible measures that will reduce greenhouse gas emissions on the project site and in the neighboring communities of the project site. (2) The act requires a party seeking judicial review of the EIR to bring concurrently other claims alleging a public agency has granted land use approvals or a leadership project in violation of relevant laws. This bill would repeal this provision. (3) The act requires the Judicial Council to report to the Legislature on or before January 1, 2015, on the effects of the act, including specific information on benefits, costs, and detriments. The bill would require instead that the Judicial Council report to the Legislature on the effects of the act on the administration of justice. The bill also would make technical and clarifying changes. Because a lead agency would be required to perform additional actions, this bill would impose a state-mandated local program. (4) 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.
- Who sponsors SB 52?
- SB 52 is sponsored by Buchanan, Gordon, and Steinberg.
- What is the current status of SB 52?
- This bill died with 2011-2012 Regular Session. It reached “Passed Senate” 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 52?
- Track SB 52 free on One Click Politics — get push/email alerts when it moves.
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