BILL NUMBER: AB 1298	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 26, 2015

INTRODUCED BY   Assembly Member Gipson

                        FEBRUARY 27, 2015

   An act to  amend Section 63088.6 of the Government Code,
relating to economic development.   add and repeal
Section 21168.6.9 of the Public Resources Code, relating to
environmental quality. 



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1298, as amended, Gipson.  Small business financial
assistance.   Environmental quality: City of Carson:
sports stadium.  
   (1) The California Environmental Quality Act, commonly known as
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. CEQA
establishes a procedure by which a person may seek judicial review of
the decision of the lead agency made pursuant to CEQA.  
   This bill would require the public agency in certifying the
environmental impact report and in granting approvals for a specified
entertainment and sports center project located in the City of
Carson to comply with specified procedures. Because a public agency
would be required to comply with those new procedures, this bill
would impose a state-mandated local program. The bill would make
applicable certain procedures established by the Judicial Council to
actions or proceedings seeking judicial review of a public agency's
action in certifying the environmental impact report and in granting
project approval that requires the actions or proceedings, including
any appeals therefrom, be resolved, to the extent feasible, within
270 days of the certification of the record of proceedings. The bill
would provide that the above provisions are inoperative and repealed
on January 1 of the following year if the applicant fails to notify
the lead agency before the release of the draft environmental impact
report for public comment that the applicant is electing to proceed
pursuant to the above provisions.  
   (2) This bill would make legislative findings and declarations as
to the necessity of a special statute for the City of Carson. 

   (3) 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. 
   The Small Business Financial Assistance Act of 2013 requires a
corporation, as defined, to implement its responsibilities under the
act by, among other things, performing outreach to low-resource small
businesses and microbusinesses, and collaborating with other
organizations and lenders to identify and assist businesses that are
creditworthy but face impediments to accessing conventional sources
because of reasons, such as low equity, inadequate collateral, and
unacceptable legal structure.  
   This bill would make nonsubstantive changes to these provisions.

   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes . State-mandated local program:  no
  yes  .


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

   SECTION 1.    Section 21168.6.9 is added to the 
 Public Resources Code   , to read:  
   21168.6.9.  (a) For the purposes of this section, the following
definitions shall have the following meanings:
   (1) "Applicant" means a private entity or its affiliates that
proposes the project and its successors, heirs, and assignees.
   (2) "City" means the City of Carson.
   (3) "Entertainment and sports center project" or "project" means a
project that substantially conforms to the project description for
the stadium project described in the "Carson Football Stadium
Initiative" filed by the residents of the city on March 4, 2015.
   (4) "Stadium" means the following components of the entertainment
and sports center project, from demolition and site preparation
through operation:
   (A) A stadium facility located in the city that will become the
new home to a National Football League (NFL) team that does both of
the following:
   (i) Receives Leadership in Energy and Environmental Design (LEED)
gold certification for new construction within one year of completion
of the first NFL season.
   (ii) Minimizes operational traffic congestion and air quality
impacts through either or both project design and the implementation
of feasible mitigation measures that will do all of the following:
   (I) Achieve and maintain carbon neutrality or better by reducing
to at least zero 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 as compared to the baseline
as verified by the South Coast Air Quality Management District.
   (II) Achieve a per attendee reduction in greenhouse gas emissions
from automobiles and light trucks compared to per attendee greenhouse
gas emissions associated with the existing NFL stadium located in
the County of San Diego during the 2012-13 NFL season that will
exceed the carbon reduction targets for 2020 and 2035 achieved in the
sustainable communities strategy prepared by the Southern California
Association of Governments for the Los Angeles region pursuant to
Chapter 728 of the Statutes of 2008.
   (III) Achieve and maintain vehicle-miles-traveled per attendee for
NFL events at the stadium that is no more than 85 percent of the
baseline.
   (B) Associated public spaces.
   (C) Facilities and infrastructure for ingress, egress, and use of
the stadium facility.
   (b) Notwithstanding any other law, the procedures established
pursuant to subdivision (d) of Section 21168.6.6 shall apply to an
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 project approvals.
   (c) (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 21168.6.9 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 21168.6.9
OF THE PUBLIC RESOURCES CODE. A COPY OF SECTION 21168.6.9 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.
   (3) 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.
   (4) 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.
   (5) (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, 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 the
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 an action or proceeding
challenging the lead agency's decision to certify the environmental
impact report or to grant one or more initial project approvals.
   (6) 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.
   (7) The lead agency shall file the notice required by subdivision
(a) of Section 21152 within five days after the last initial project
approval.
   (d) Subdivision (f) of Section 21168.6.6 applies to the
preparation of the record of proceedings for the project.
   (e) (1) As a condition of approval of the project subject to this
section, the lead agency shall require the applicant, with respect to
any measures specific to the operation of the stadium, to implement
those measures that will meet the requirements of this division by
the end of the first NFL regular season or February of the first NFL
regular season, whichever is later, during which an NFL team has
played at the stadium.
   (2) 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.
Mitigation measures that shall be considered and implemented, if
feasible and necessary, to achieve the standards set forth in
subclauses (I) to (III), inclusive, of clause (ii) of subparagraph
(A) of paragraph (4) of subdivision (a), including, but not limited
to:
   (A) Temporarily expanding the capacity of a public transit line,
as needed, to serve stadium events.
   (B) Providing private charter buses or other similar services, as
needed, to serve stadium events.
   (C) 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.
   (3) 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.
   (f) (1) (A) In granting relief in an action or proceeding brought
pursuant to this section, the court shall not stay or enjoin the
construction or operation of the stadium unless the court finds
either of the following:
   (i) The continued construction or operation of the stadium
presents an imminent threat to the public health and safety.
   (ii) The stadium 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 stadium unless the court stays or enjoins the
construction or operation of the stadium.
   (B) If the court finds that clause (i) or (ii) of subparagraph (A)
is satisfied, the court shall only enjoin those specific activities
associated with the stadium 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.
   (2) 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
this chapter.
   (3) Where an action or proceeding brought pursuant to this section
challenges aspects of the project other than the stadium and those
portions or specific project activities are severable from the
stadium, the court may enter an order as to aspects of the project
other than the stadium that includes one or more of the remedies set
forth in Section 21168.9.
   (g) 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.
   (h) (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. 
   SEC. 2.    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 an entertainment and sports center project in the City
of Carson in an expeditious manner. 
   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.  
  SECTION 1.    Section 63088.6 of the Government
Code is amended to read:
   63088.6.  To implement its responsibilities, a corporation shall
undertake program activities that shall include, but not be limited
to, all of the following:
   (a) Outreach to low-resource small businesses and microbusinesses.
The corporations located in rural areas shall give priority to
low-resource farmers and rural and agriculturally related businesses.

   (b) Collaboration with other organizations and lenders to identify
and assist businesses that are creditworthy but face impediments to
accessing conventional sources because of reasons, such as low
equity, inadequate collateral, unacceptable legal structure, such as
a co-op or nonprofit organization, management inadequacies, and
language problems.
   (c) To the extent possible, bringing all possible financial
resources to bear on the borrower's problems, including, but not
limited to, low-interest lenders, business and industrial development
corporations (BIDCOs), minority enterprise small business investment
companies (MESBICs), and other financial institutions, financial
companies, and grantors.
   (d) Technical assistance to businesses receiving loans or
guarantees that will maximize the probability of loan repayment.
   (e) Ongoing strategies for increasing program resources through
private sector involvement and nonstate funds.
   (f) A program for collecting and liquidating defaulted loans so
that the corporations can qualify to become full-service lenders
under the Small Business Administration. Corporations located in
rural areas shall, in addition, try to qualify for lender status
under the United States Department of Agriculture's Rural Development
and Farm Services Agency.
   (g) Become an agent for other financial institutions and financial
companies.
   (h) Become an agent for other state or federal governmental
agencies that need a qualified financial service provider, including,
but not limited to, the State Energy Resources Conservation and
Development Commission.