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SENATE BILL 1733 (PRESLEY – 1978)

CHAPTER 356, STATUTES OF 1978, SB 1733

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As enacted in 1978, Senate Bill 1733 amended only former Public Resources Code section 21080 from which the current Public Resources Code section 21080 is derived.  (See Exhibit A, #1f)  Senate Bill 1733 was a single-section bill that affected this section only.  (Id.) Senate Bill 1733 was introduced by Senator Robert Presley and was sponsored by the California Association of Publicly Owned Transit Systems.  (See Exhibit A, #1a and #13, document PE-2)

Senate Bill 1733 was heard by the Senate Committee on Governmental Organization and the Senate Committee on Finance.  (See Exhibit A, #2 and #3)  On the Assembly side, the measure was before the Assembly Committee on Resources, Land Use, and Energy and the Assembly Committee on Ways and Means.  (See Exhibit A, #8 and #9)  All four amendments made to Senate Bill 1733 were done while the bill was in the Assembly.  (See Exhibit A, #1b through #1e and #2)  Subsequent to legislative approval, Senate Bill 1733 was signed by Governor Edmund G. Brown, Jr., and was recorded by the Secretary of State as Chapter 356 of the Statutes of 1978.  (See Exhibit A, #1f and #2)

Senate Bill 1733 contained an urgency clause which caused the bill to go into immediate effect.  The reason for this urgency can be found in section 2 of Chapter 356.

The Legislative Secretary prepared an Enrolled Bill Memorandum to Governor Brown in which Senate Bill 1733 was described as follows:

This bill provides exemptions from CEQA for rate setting and local government curtailments responding to Proposition 13.

A.    This bill would exempt from the California Environmental Quality Act the setting or restructuring of rates, tolls, fares or other charges by public agencies if the public agency finds that the change has any of the following purposes:
   
    1. Meeting operating expenses including wages and fringe benefits.
    2. Purchasing or leasing supplies, equipment or materials,
    3. Meeting financial reserve needs, or
    4. Obtaining funds for capital projects necessary for repairs and maintenance of existing systems or to maintain existing levels of operation.

The public agency would be required to make written findings in the record of any proceeding in which they claim the exemption established by this bill.

B.  A second exemption in the bill would apply to certain actions of local agencies prior to August 31, 1979, in making the transition from the old property taxation system to Proposition 13. …
 (See Exhibit A, #13, documents PE-1 and PE-2)