§ 7012. — 7012. (Amended by Stats. 2001, Ch. 854, Sec. 57.)

California § 7012.

• Jurisdiction: California
• Code PEN: Penal Code - PEN
• Title: 7.
• Part 3.: TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM
• Ch. 11.: CHAPTER 11. Master Plan Construction

Text

(a)
The Department of Corrections shall submit to the Joint Legislative Prison Committee, the State Public Works Board, the appropriate county board of supervisors, and the local city council at least 30 days prior to the acquisition of real property for prison facilities to be located in Riverside and Del Norte Counties, an environmental assessment study, which shall include a discussion of impacts and mitigation measures, if necessary, for the following areas:
(1)
Geology.
(2)
Hydrology-groundwater.
(3)
Water quality-surface waters.
(4)
Plant and animal life-endangered and rare species.
(5)
Air quality.
(6)
Noise.
(7)
Light and glare.
(8)
Utilities-gas, electricity, telephone, solid waste, sewage disposal, and drinking water.
(9)
Archaeology.
(10)
Energy.
(b)
The factors set forth in subdivision (a) shall be
assessed only as they relate to the direct impacts caused off the site as a result of the construction, operation, and maintenance of the prison facility upon completion and occupancy.
(c)
Notwithstanding any other provision of law, other than Section 7003, the approval of the study by the State Public Works Board is the only approval required for compliance with any applicable environmental requirements. The Public State Works Board shall not act on the study until it receives a recommendation from the Joint Legislative Prison Committee. Approval of the study by the State Public Works Board shall be final and binding on all parties.
(d)
If the committee does not, by a majority vote of the committee membership, take any action on the study within 30 days after submittal, that inaction shall be deemed to be a recommendation of concurrence for the purposes of this section.
(e)
Prior to providing a recommendation to the State Public Works Board, but within the 30-day period specified in subdivision (d), the committee shall hold a public hearing in the community in the vicinity of the proposed site. Notice of the hearing shall be published in a newspaper of general circulation in, or adjacent to, that community. The notice shall be at least one-quarter page in size. The city council and the county board of supervisors shall be invited to participate in the hearing.

Legislative History

Amended by Stats. 2001, Ch. 854, Sec. 57. Effective January 1, 2002.