BILL NUMBER: AB 2565 CHAPTERED BILL TEXT CHAPTER 210 FILED WITH SECRETARY OF STATE AUGUST 27, 2010 APPROVED BY GOVERNOR AUGUST 27, 2010 PASSED THE SENATE AUGUST 5, 2010 PASSED THE ASSEMBLY AUGUST 9, 2010 AMENDED IN SENATE JUNE 17, 2010 AMENDED IN ASSEMBLY APRIL 5, 2010 INTRODUCED BY Assembly Member Ammiano FEBRUARY 19, 2010 An act to amend Section 21089 of the Public Resources Code, relating to the environment. LEGISLATIVE COUNSEL'S DIGEST AB 2565, 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 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 estimated costs incurred by the lead agency in conducting the environmental review. The bill would authorize 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. 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 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 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.