BILL NUMBER: AB 1532 CHAPTERED 10/14/01 CHAPTER 867 FILED WITH SECRETARY OF STATE OCTOBER 14, 2001 APPROVED BY GOVERNOR OCTOBER 13, 2001 PASSED THE SENATE SEPTEMBER 12, 2001 PASSED THE ASSEMBLY SEPTEMBER 12, 2001 AMENDED IN SENATE SEPTEMBER 6, 2001 AMENDED IN SENATE AUGUST 23, 2001 AMENDED IN SENATE JULY 11, 2001 AMENDED IN SENATE JULY 5, 2001 AMENDED IN ASSEMBLY JUNE 4, 2001 AMENDED IN ASSEMBLY MAY 17, 2001 AMENDED IN ASSEMBLY APRIL 30, 2001 AMENDED IN ASSEMBLY APRIL 18, 2001 INTRODUCED BY Assembly Member Pavley FEBRUARY 23, 2001 An act to amend Sections 21081.7, 21083.9, and 21092.2 of the Public Resources Code, relating to environmental quality. LEGISLATIVE COUNSEL'S DIGEST AB 1532, Pavley. Environmental quality. (1) The existing California Environmental Quality Act (CEQA) requires that transportation information resulting from the reporting or monitoring program required to be adopted by a public agency pursuant to a specified provision of CEQA be submitted to the transportation planning agency in the region where the project is located and to the Department of Transportation when the project has impacts that are of statewide, regional, or areawide significance according to specified criteria. This bill would require that the transportation information be submitted to the transportation planning agency in the region where the project is located and to the Department of Transportation for a project of statewide, regional, or areawide significance according to specified criteria. (2) CEQA further requires that a lead agency call at least one scoping meeting for a proposed project that may affect highways or other facilities under the jurisdiction of the Department of Transportation if the meeting is requested by the department. CEQA authorizes a lead agency to charge and collect a reasonable fee from any person proposing a project to recover the estimated costs incurred by the lead agency in preparing a negative declaration or environmental impact report and for procedures necessary to comply with CEQA for the project. Existing law requires specified notices to be mailed to any person who has filed a written request for notices with either the clerk of the governing body or, if there is no governing body, the director of the agency. This bill would additionally require a lead agency to call at least one scoping meeting for a project of statewide, regional, or areawide significance and would require the lead agency to provide notice of the scoping meeting to specified entities, thereby imposing a state-mandated local program. The bill would require a lead agency to mail the notice of the scoping meeting to a person who has filed a written request for notices with specified entities. (3) 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 21081.7 of the Public Resources Code is amended to read: 21081.7. Transportation information resulting from the reporting or monitoring program required to be adopted by a public agency pursuant to Section 21081.6 shall be submitted to the transportation planning agency in the region where the project is located and to the Department of Transportation for a project of statewide, regional, or areawide significance according to criteria developed pursuant to Section 21083. The transportation planning agency and the Department of Transportation shall adopt guidelines for the submittal of those reporting or monitoring programs. SEC. 2. Section 21083.9 of the Public Resources Code is amended to read: 21083.9. (a) Notwithstanding Section 21080.4, 21104, or 21153, a lead agency shall call at least one scoping meeting for any of the following: (1) A proposed project that may affect highways or other facilities under the jurisdiction of the Department of Transportation if the meeting is requested by the department. The lead agency shall call the scoping meeting as soon as possible, but not later than 30 days after receiving the request from the Department of Transportation. (2) A project of statewide, regional, or areawide significance. (b) The lead agency shall provide notice of at least one scoping meeting held pursuant to paragraph (2) of subdivision (a) to all of the following: (1) Any county or city that borders on a county or city within which the project is located, unless otherwise designated annually by agreement between the lead agency and the county or city. (2) Any responsible agency. (3) Any public agency that has jurisdiction by law with respect to the project. (4) Any organization or individual who has filed a written request for the notice. (c) For any entity, organization, or individual that is required to be provided notice of a lead agency public meeting, the requirement for notice of a scoping meeting pursuant to subdivision (b) may be met by including the notice of a scoping meeting in the public meeting notice. SEC. 3. Section 21092.2 of the Public Resources Code is amended to read: 21092.2. The notices required pursuant to Sections 21080.4, 21083.9, 21092, 21108, and 21152 shall be mailed to any person who has filed a written request for notices with either the clerk of the governing body or, if there is no governing body, the director of the agency. The request may also be filed with any other person designated by the governing body or director to receive these requests. The agency may require requests for notices to be annually renewed. The public agency may charge a fee, except to other public agencies, that is reasonably related to the costs of providing this service. This section may not be construed in any manner that results in the invalidation of an action because of the failure of a person to receive a requested notice, provided that there has been substantial compliance with the requirements of this section. SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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.