BILL NUMBER: AB 2565	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 17, 2010
	AMENDED IN ASSEMBLY  APRIL 5, 2010

INTRODUCED BY   Assembly Member Ammiano

                        FEBRUARY 19, 2010

   An act to  add Section 21092.7 to   amend
Section 21089 of  the Public Resources Code, relating to the
environment.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2565, as amended, Ammiano. Environment: CEQA: lead agency:
documents.
   The 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  requires
the lead agency to provide specified notices to a person who files a
written request for the notices. If a draft EIR is submitted to the
State Clearinghouse for review, CEQA requires the lead agency to
provide a sufficient number of copies of the document to the State
Clearinghouse for review and comment by state agencies  
authorizes a lead agency to charge and collect a reasonable fee from
a person proposing a project that is subject to CEQA to recover the
estimate   d   cost   s  
incurred by the lead agency in conducting the environmental review
 .
   The bill would authorize  the lead agency to post,
maintain, and make available on the lead agency's Internet Web site,
any notices, responses, or other documents that are required to be
made available to the public or to other public agencies. The bill
would authorize the lead agency to also make copies of these
documents available to the public or to other public agencies by
digital copy, including, but not limited to, compact disc, email
attachment, or other digital transfers of documents and would require
the local agency to provide a copy of a CEQA document if a member of
the public or a public agency requests a copy   a
public agency to charge and collect a reasonable fee from members of
the public for a copy   of  an environmental
document, as defined, that does not exceed the cost of reproducing
the environmental document. The bill would authorize the public
agency to provide the environmental document in an electronic format
 .
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 21089 of the   Public
Resources Code   is amended to read: 
   21089.  (a) A lead agency may charge and collect a reasonable fee
from  any   a  person proposing a project
subject to this division in order to recover the estimated costs
incurred by the lead agency in preparing a negative declaration or an
environmental impact report for the project and for procedures
necessary to comply with this division on the project. Litigation
expenses, costs, and fees incurred in actions alleging noncompliance
with this division under Section 21167 are not recoverable under this
section.
   (b) The Department of Fish and Game may charge and collect filing
fees, as provided in Section 711.4 of the Fish and Game Code.
Notwithstanding Section 21080.1, a finding required under Section
21081, or  any   a  project approved under
a certified regulatory program authorized pursuant to Section 21080.5
is not operative, vested, or final until the filing fees required
pursuant to Section 711.4 of the Fish and Game Code are paid. 
   (c) (1) A public agency may charge and collect a reasonable fee
from members of the public for a copy of an environmental document
not to exceed the cost of reproducing the environmental document. A
public agency may provide the environmental document in an electronic
format as provided pursuant to Section 6253.9 of the Government
Code.  
   (2) For purposes of this subdivision, "environmental document"
means an initial study, negative declaration, mitigated negative
declaration, draft and final environmental impact report, a document
prepared as a substitute for an environmental impact report, negative
declaration, or mitigated negative declaration under a program
certified pursuant to Section 21080.5, and a document prepared under
the federal National Environmental Policy Act of 1969 (42 U.S.C. Sec.
4321 et seq.) and used by a state or local agency in the place of
the initial study, negative declaration, mitigated negative
declaration, or an environmental impact report.  
  SECTION 1.    Section 21092.7 is added to the
Public Resources Code, to read:
   21092.7.  (a) The lead agency may post, maintain, and make
available on the lead agency's Internet Web site, any notices,
responses, or other documents that are required by this division to
be made available to the public or to other public agencies. The lead
agency may also make copies of these documents available to the
public or to other public agencies by digital copy, including, but
not limited to, compact disc, email attachment, or other digital
transfers of documents.
   (b) If a member of the public or a public agency requests a copy
of a California Environmental Quality Act (CEQA) document, the lead
agency shall provide a copy of the document.