Store Research
ASSEMBLY BILL 884 (MCCARTHY – 1977)
CHAPTER 1200, STATUTES OF 1977, AB 884
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As enacted, Assembly Bill 884 affected various sections of the Government Code and the Public Resources Code, relating to development projects. (See Exhibit #1f) Assembly member Leo T. McCarthy, as lead author, introduced the bill on March 10, 1977. (See Exhibit #1a) Assembly Bill 884 was sponsored by the Brown Administration and, more specifically, by the Governor's Office of Planning and Research. (See Exhibit #15, documents PE 1, PE-20, PE-27, and PE 33)
In the Assembly, Assembly Bill 884 was assigned to the Committee on Resources, Land Use, and Energy where policy issues raised by the bill were considered. (See Exhibit #3) After approval by that Committee, the Assembly Committee on Ways and Means examined its fiscal ramification. (See Exhibit #4) The Assembly amended the bill on April 27 and May 18, 1977. (See Exhibits #1b, #1c, and #2) Assembly Bill 884 was approved by the Assembly and forwarded to the Senate on May 23, 1977. (See Exhibit #2)
While in the Senate, the Committee on Governmental Organization considered the policy issues raised by the bill. (See Exhibit #7) Subsequent to approval by that Committee, the measure was assigned to the Senate Committee on Finance. (See Exhibits #2 and #10) Two amendments were made to Assembly Bill 884 by the Senate, on August 1 and August 31, 1977. (See Exhibits #1d, #1e, and #2) The Senate thereafter approved the bill and returned it to the Assembly. (See Exhibit #2)
The Assembly approved the Senate amendments and forwarded Assembly Bill 884 to the Governor on September 19, 1977. The bill was signed by Governor Edmund G. Brown, Jr., on September 30, 1977 and recorded by the Secretary of State on October 1, 1977 as Chapter 1200 of the Statutes of that year. (See Exhibits #1f and #2)
The bill, as last amended, was summarized in a Third Reading analysis prepared by the Senate Democratic Caucus, as follows:
This bill establishes procedures and timetables for consideration of development projects by public agencies under the provisions of the California Environmental Quality Act (CEQA). The measure amends CEQA to more clearly define the function and roles of different agencies in the process of considering such a project.
Under this bill, the functions of a “lead agency” with the principal responsibility to review a project and a “responsible agency” with only review powers are more clearly defined and limited, vesting greater authority in the lead agency.
Additionally, the bill sets time limits for review and challenge of all agency acts, both administratively and through the courts.
The bill increases the function of the Office of Planning and Research in determining the roles of various agencies in the project approval process, including consolidation of hearings where possible. The bill does not apply to the Energy Resources Development and Conservation Commission. The bill provides that statutes establishing and defining the Coastal Commission shall control, in cases of conflict with relevant provisions of CEQA.
(See Exhibit #11, page 1)