BILL NUMBER: SB 947 CHAPTERED
BILL TEXT
CHAPTER 707
FILED WITH SECRETARY OF STATE SEPTEMBER 30, 2008
APPROVED BY GOVERNOR SEPTEMBER 30, 2008
PASSED THE SENATE MAY 17, 2007
PASSED THE ASSEMBLY JULY 15, 2008
AMENDED IN SENATE APRIL 30, 2007
INTRODUCED BY Senator Hollingsworth
FEBRUARY 23, 2007
An act to amend Sections 21083.9 and 21092.4 of the Public
Resources Code, relating to environmental quality.
LEGISLATIVE COUNSEL'S DIGEST
SB 947, Hollingsworth. California Environmental Quality Act:
consultation: transportation facilities.
(1) The California Environmental Quality Act (CEQA) requires a
lead agency to prepare an environmental impact report on a project
that it proposes to carry out or approve that may have a significant
effect on the environment, unless the project is exempt from the act.
CEQA requires a lead agency to call at least one scoping meeting
for a project of statewide, regional, or areawide significance, and
to notify specified entities of at least one scoping meeting.
Existing law for such a project requires the lead agency to
consult with transportation planning agencies and public agencies
that have transportation facilities within their jurisdiction that
could be affected by the project, for the purpose of the lead agency
obtaining information concerning the project's effect on major local
arterials, public transit, freeways, highways, and rail transit
service.
This bill would additionally require notice of at least one
scoping meeting to be provided to transportation planning agencies or
public agencies required to be consulted concerning such a project,
and would require the project's effect on overpasses, on-ramps, and
off-ramps to be included in that consultation. By imposing new duties
on local governments with respect to notifying additional entities
of a scoping meeting and consulting on other effects of the project,
the 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 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 either 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) A 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) A responsible agency.
(3) A public agency that has jurisdiction by law with respect to
the project.
(4) A transportation planning agency or public agency required to
be consulted pursuant to Section 21092.4.
(5) An organization or individual who has filed a written request
for the notice.
(c) For an 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.
(d) A scoping meeting that is held in the city or county within
which the project is located pursuant to the National Environmental
Policy Act (42 U.S.C. Sec. 4321 et seq.) and the regulations adopted
pursuant to that act shall be deemed to satisfy the requirement that
a scoping meeting be held for a project subject to paragraph (2) of
subdivision (a) if the lead agency meets the notice requirements of
subdivision (b) or subdivision (c).
SEC. 2. Section 21092.4 of the Public Resources Code is amended
to read:
21092.4. (a) For a project of statewide, regional, or areawide
significance, the lead agency shall consult with transportation
planning agencies and public agencies that have transportation
facilities within their jurisdictions that could be affected by the
project. Consultation shall be conducted in the same manner as for
responsible agencies pursuant to this division, and shall be for the
purpose of the lead agency obtaining information concerning the
project's effect on major local arterials, public transit, freeways,
highways, overpasses, on-ramps, off-ramps, and rail transit service
within the jurisdiction of a transportation planning agency or a
public agency that is consulted by the lead agency. A transportation
planning agency or public agency that provides information to the
lead agency shall be notified of, and provided with copies of,
environmental documents pertaining to the project.
(b) As used in this section, "transportation facilities" includes
major local arterials and public transit within five miles of the
project site and freeways, highways, overpasses, on-ramps, off-ramps,
and rail transit service within 10 miles of the project site.
SEC. 3. 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.