BILL NUMBER: AB 3041 CHAPTERED
BILL TEXT
CHAPTER 1052
FILED WITH SECRETARY OF STATE SEPTEMBER 28, 2002
APPROVED BY GOVERNOR SEPTEMBER 28, 2002
PASSED THE ASSEMBLY AUGUST 15, 2002
PASSED THE SENATE AUGUST 12, 2002
AMENDED IN SENATE AUGUST 5, 2002
AMENDED IN SENATE JUNE 28, 2002
AMENDED IN ASSEMBLY MAY 16, 2002
AMENDED IN ASSEMBLY MAY 13, 2002
AMENDED IN ASSEMBLY MAY 6, 2002
AMENDED IN ASSEMBLY APRIL 23, 2002
INTRODUCED BY Committee on Natural Resources (Wayne (Chair),
Dickerson, Harman, Jackson, Keeley, Koretz, Lowenthal, Pavley, and
Wyman)
MARCH 13, 2002
An act to amend Sections 21082.1, 21083, and 21091 of the Public
Resources Code, relating to environmental quality.
LEGISLATIVE COUNSEL'S DIGEST
AB 3041, Committee on Natural Resources. Environmental quality:
use of State Clearinghouse by lead agencies.
(1) The existing California Environmental Quality Act (CEQA)
requires a lead agency, as defined, to prepare, or cause to be
prepared, and certify the completion of, an environmental impact
report (EIR) 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 also requires any draft EIR, EIR, or negative
declaration prepared pursuant to CEQA be prepared directly by, or
under contract to, a public agency, and requires the lead agency to
circulate draft documents that reflect its independent judgment to
appropriate state agencies for review. CEQA defines a responsible
agency as a public agency other than a lead agency that has
responsibility for carrying out or approving a project, and existing
guidelines adopted by the Office of Planning and Research define a
trustee agency as a state agency that has jurisdiction by law over
natural resources affected by a project that are held in trust for
the people of the state. Existing guidelines require each lead
agency to submit draft EIRs and negative declarations to the State
Clearinghouse in order to be distributed to applicable state agencies
for review, and require each lead agency to submit not less than 10
copies of draft EIRs and negative declarations to the State
Clearinghouse, unless the State Clearinghouse approves a lower number
in advance.
This bill would require any mitigated negative declaration
prepared pursuant to CEQA to be prepared directly by, or under
contract to, a public agency. The bill would require each lead
agency to submit a sufficient number of copies of a draft EIR,
proposed negative declaration, or proposed mitigated negative
declaration to the State Clearinghouse for review and comment by
state agencies, and to submit a copy of that document in an
electronic form, if a state agency is the lead agency, a responsible
agency, trustee agency, or otherwise has jurisdiction over the
project, or if the project is of statewide, regional, or areawide
environmental significance. By imposing additional duties on local
lead agencies, this bill would impose a state-mandated local program.
(2) 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 PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 21082.1 of the Public Resources Code is amended
to read:
21082.1. (a) Any draft environmental impact report, environmental
impact report, negative declaration, or mitigated negative
declaration prepared pursuant to the requirements of this division
shall be prepared directly by, or under contract to, a public agency.
(b) This section is not intended to prohibit, and shall not be
construed as prohibiting, any person from submitting information or
other comments to the public agency responsible for preparing an
environmental impact report, draft environmental impact report,
negative declaration, or mitigated negative declaration. The
information or other comments may be submitted in any format, shall
be considered by the public agency, and may be included, in whole or
in part, in any report or declaration.
(c) The lead agency shall do all of the following:
(1) Independently review and analyze any report or declaration
required by this division.
(2) Circulate draft documents that reflect its independent
judgment.
(3) As part of the adoption of a negative declaration or a
mitigated negative declaration, or certification of an environmental
impact report, find that the report or declaration reflects the
independent judgment of the lead agency.
(4) Submit a sufficient number of copies of the draft
environmental impact report, proposed negative declaration, or
proposed mitigated negative declaration, and a copy of the report or
declaration in an electronic form as required by the guidelines
adopted pursuant to Section 21083, to the State Clearinghouse for
review and comment by state agencies, if any of the following apply:
(A) A state agency is any of the following:
(i) The lead agency.
(ii) A responsible agency.
(iii) A trustee agency.
(B) A state agency otherwise has jurisdiction by law with respect
to the project.
(C) The proposed project is of sufficient statewide, regional, or
areawide environmental significance as determined pursuant to the
guidelines certified and adopted pursuant to Section 21083.
SEC. 2. Section 21083 of the Public Resources Code is amended to
read:
21083. (a) The Office of Planning and Research shall prepare and
develop proposed guidelines for the implementation of this division
by public agencies. The guidelines shall include objectives and
criteria for the orderly evaluation of projects and the preparation
of environmental impact reports and negative declarations in a manner
consistent with this division.
(b) The guidelines shall specifically include criteria for public
agencies to follow in determining whether or not a proposed project
may have a "significant effect on the environment." The criteria
shall require a finding that a project may have a "significant effect
on the environment" if any of the following conditions exist:
(1) A proposed project has the potential to degrade the quality of
the environment, curtail the range of the environment, or to achieve
short-term, to the disadvantage of long-term, environmental goals.
(2) The possible effects of a project are individually limited but
cumulatively considerable. As used in this paragraph,
"cumulatively considerable" means that the incremental effects of an
individual project are considerable when viewed in connection with
the effects of past projects, the effects of other current projects,
and the effects of probable future projects.
(3) The environmental effects of a project will cause substantial
adverse effects on human beings, either directly or indirectly.
(c) The guidelines shall include procedures for determining the
lead agency pursuant to Section 21165.
(d) The guidelines shall include criteria for public agencies to
use in determining when a proposed project is of sufficient
statewide, regional, or areawide environmental significance that a
draft environmental impact report, a proposed negative declaration,
or a proposed mitigated negative declaration shall be submitted to
appropriate state agencies, through the State Clearinghouse, for
review and comment prior to completion of the environmental impact
report, negative declaration, or mitigated negative declaration.
(e) The Office of Planning and Research shall develop and prepare
the proposed guidelines as soon as possible and shall transmit them
immediately to the Secretary of the Resources Agency. The Secretary
of the Resources Agency shall certify and adopt the guidelines
pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of
Division 3 of Title 2 of the Government Code, which shall become
effective upon the filing thereof. However, the guidelines shall not
be adopted without compliance with Sections 11346.4, 11346.5, and
11346.8 of the Government Code.
SEC. 3. Section 21091 of the Public Resources Code is amended to
read:
21091. (a) The public review period for a draft environmental
impact report shall not be less than 30 days. If the draft
environmental impact report is submitted to the State Clearinghouse
for review, the review period shall be at least 45 days, and the lead
agency shall provide a sufficient number of copies of the document
to the State Clearinghouse for review and comment by state agencies.
(b) The public review period for a proposed negative declaration
or proposed mitigated negative declaration shall not be less than 20
days. If the proposed negative declaration or proposed mitigated
negative declaration is submitted to the State Clearinghouse for
review, the review period shall be at least 30 days, and the lead
agency shall provide a sufficient number of copies of the document to
the State Clearinghouse for review and comment by state agencies.
(c) Notwithstanding subdivisions (a) and (b), if a draft
environmental impact report, proposed negative declaration, or
proposed mitigated negative declaration is submitted to the State
Clearinghouse for review and the period of review by the State
Clearinghouse is longer than the public review period established
pursuant to subdivision (a) or (b), whichever is applicable, the
public review period shall be at least as long as the period of
review by the State Clearinghouse.
(d) (1) The lead agency shall consider any comments it receives on
a draft environmental impact report, proposed negative declaration,
or proposed mitigated negative declaration if those comments are
received within the public review period.
(2) (A) With respect to the consideration of comments received on
a draft environmental impact report, the lead agency shall evaluate
any comments on environmental issues that are received from persons
who have reviewed the draft and shall prepare a written response
pursuant to subparagraph (B). The lead agency may also respond to
comments that are received after the close of the public review
period.
(B) The written response shall describe the disposition of any
significant environmental issue that is raised by commenters. The
responses shall be prepared consistent with Section 15088 of Title 14
of the California Code of Regulations, as those regulations existed
on June 1, 1993.
(e) (1) Criteria for shorter review periods by the State
Clearinghouse for documents that must be submitted to the State
Clearinghouse shall be set forth in the written guidelines issued by
the Office of Planning and Research and made available to the public.
(2) Those shortened review periods shall not be less than 30 days
for a draft environmental impact report and 20 days for a negative
declaration.
(3) Any request for a shortened review period shall only be made
in writing by the decisionmaking body of the lead agency to the
Office of Planning and Research. The decisionmaking body may
designate by resolution or ordinance a person authorized to request a
shortened review period. Any designated person shall notify the
decisionmaking body of this request.
(4) Any request approved by the State Clearinghouse shall be
consistent with the criteria set forth in the written guidelines of
the Office of Planning and Research.
(5) A shortened review period shall not be approved by the Office
of Planning and Research for any proposed project of statewide,
regional, or areawide environmental significance as determined
pursuant to Section 21083.
(6) Any approval of a shortened review period shall be given prior
to, and reflected in, the public notice required pursuant to Section
21092.
(f) Prior to carrying out or approving a project for which a
negative declaration has been adopted, the lead agency shall consider
the negative declaration together with any comments that were
received and considered pursuant to paragraph (1) of subdivision (d).
SEC. 4. 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.