California Environmental Quality Act: surplus land disposal requirements: exemption.

Plain English Breakdown

The bill text and summary do not provide details on what happens after the 90-day challenge period.

California Environmental Quality Act: Exemption for Military Base Surplus Land

The bill exempts surplus land transferred from the federal government to local reuse authorities due to military base closures and realignments from certain requirements, limits challenges to this exemption within 90 days after approval of a disposition agreement, and provides conditions under which environmental review documents meet CEQA requirements for projects in the Concord Naval Weapons Station area.

What This Bill Does

• Exempts surplus land that was or will be conveyed by the federal government to a local reuse authority due to military base closures and realignments from certain disposal requirements.
• Limits challenges to this exemption within 90 days after approval of a disposition agreement by the local reuse authority.
• Specifies conditions under which environmental review documents meet CEQA requirements for projects in the Concord Naval Weapons Station area.

Who It Names or Affects

• Local reuse authorities receiving surplus land from federal military base closures and realignments.
• Project applicants within the Concord Naval Weapons Station area who meet specified conditions.

Terms To Know

Surplus Land

Land that a local agency no longer needs and can dispose of according to its policies or procedures.

Environmental Impact Report (EIR)

A document required by CEQA for projects that might significantly affect the environment, detailing potential impacts and ways to reduce them.

Limits and Unknowns

• The bill does not specify what happens if a challenge is filed after the 75-day limit.
• It is unclear how this exemption will be applied in practice for specific projects within the Concord Naval Weapons Station area plan.

Official Summary Text

SB 1145, as amended, Grayson.
California Environmental Quality Act: surplus land disposal requirements: exemption.
Existing law requires a local agency to declare land either “surplus land” or “exempt surplus land,” as supported by written findings, before the local agency may take any action to dispose of it consistent with an agency’s policies or procedures and defines terms for these purposes. Existing law generally requires a local agency, before disposing or negotiating to dispose of surplus land, to provide a written notice of the availability of the surplus land to specified entities and housing sponsors. Under existing law, land declared by an agency of the state or any local agency as “exempt surplus land” is not subject to these requirements.
This bill would exempt land that was or will be conveyed by the federal government to a local reuse authority in accordance with a military base closure and realignment, as specified, from these
requirements. The bill would also limit the time to bring an action to challenge the application of this exemption to within 90 days after the local reuse authority’s approval of a disposition and development agreement, purchase and sale agreement, or similar agreement regarding the disposition of all or any portion of the land by the local reuse authority and not at the time of each subsequent conveyance or phased conveyance of the land.
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 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.
This bill would provide that specified environmental review documents satisfy the requirements of CEQA for any project within the portion of the Concord Naval Weapons Station included within the boundaries of the area plan for the Concord Community Reuse Project, as provided, that
meets
satisfies
specified conditions, including a requirement that the project applicant has negotiated a project labor agreement, as defined, for the project.
The bill would further provide that a subsequent environmental impact review
prepared for a project that otherwise meets certain specified conditions is not required to include any discussion of alternatives to the project or the growth-inducing impacts of the project.
To the extent the bill imposes new duties on local agencies, the bill would impose a state-mandated local program.
The bill would make its provisions severable.
This bill would make legislative findings and declarations as to the necessity of a special statute for the City of Concord.
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.

Current Bill Text

Download Bill PDF