California Environmental Quality Act: City of San Diego: mixed-use development project.

The entire health care service plan financial risk requirement section (amending H&S Code 1375.1) was removed. This had required plans to demonstrate fiscally sound operations, assume full financial risk prospectively, and maintain prompt payment procedures for claims.

A new Section 21080.77 was added to the Public Resources Code providing that the City of San Diego's EIR for the Midway Rising project (approximately 4,254 homes including 2,000 deed-restricted affordable units at or below 80% AMI, up to 130,000 sq ft commercial, 14.5 acres of parks, and a 16,000-seat entertainment center) is deemed sufficient, adequate, and complete for full CEQA compliance.

All mitigation measures adopted by the City of San Diego as lead agency must be conditions of project approval, monitored and enforced for the life of each applicable obligation, with the project applicant required to submit annual status reports on implementation.

An urgency clause was added declaring the bill an urgency statute to take effect immediately, citing the need to promote swift development of affordable housing in San Diego. The CEQA section becomes operative on its effective date or when the City Council certifies the EIR, whichever is later.

A legislative finding was added declaring that a special statute is necessary due to the unique circumstances of the Midway Rising project, satisfying the constitutional requirement for site-specific legislation.

The state-mandated local program answer changed from 'no' to 'yes' and the fiscal committee answer changed from 'no' to 'yes' due to the new monitoring and enforcement duties imposed on the lead agency. The reimbursement finding for the new CEQA section states no reimbursement is required because a local agency has authority to levy service charges, fees, or assessments sufficient to pay for the program.

The vote threshold changed from majority to two-thirds majority (required for urgency statutes). Coauthors Senator Padilla and Assembly Member Ward were added.

The entire provision amending Section 7117 of the Health and Safety Code was removed. This provision had prohibited scattering cremated or hydrolyzed human remains from a dock attached to the shore, expanded the definition of a crime, and imposed a state-mandated local program on local agencies.

In subsection (b), the language was narrowed from 'Any approval of the Midway Rising project may rely conclusively on the report' to 'Any approval of the Midway Rising project reviewed in the Midway Rising Specific Plan Subsequent Final Environmental Impact Report may rely conclusively on the that report,' limiting reliance to approvals specifically reviewed in that EIR.

The reimbursement section tied to the human remains provision (which stated no reimbursement was required because the act created or changed a crime) was removed along with that provision.

Sections were renumbered after removal of the human remains provision. The CEQA provision moved from being the second substantive section to Section 1, and the urgency statute declaration moved from Section 4 to remain as the final section.

A new Section 1 amending Health and Safety Code Section 7117 is added, governing the scattering of cremated or hydrolyzed human remains at sea by boat or air, including filing requirements with local registrars of births and deaths.

The new provision prohibits scattering cremated or hydrolyzed human remains from a dock attached to the shore, in addition to the existing prohibitions on bridges and piers. This is the specific new restriction added by the amendment.

The phrase 'at sea' is defined to include inland navigable waters of the state (excluding lakes and streams), provided scattering does not occur within 500 yards of the shoreline.

The new human remains section specifies an operative date of July 1, 2020.

A new Section 2 (reimbursement provision) states that no state reimbursement is required under Article XIII B because the only local costs arise from creating or changing a crime.

The fiscal committee and state-mandated local program designations change from 'no' to 'yes,' reflecting the new criminal penalty provisions in the human remains section.

Duplicated words in Section 1375.1 are corrected: 'shall have have' becomes 'shall have' and 'has has' becomes 'has.'