BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 2565|
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CONSENT
Bill No: AB 2565
Author: Ammiano (D)
Amended: 6/17/10 in Senate
Vote: 21
SENATE ENV. QUALITY COMMITTEE : 7-0, 6/28/10
AYES: Simitian, Runner, Corbett, Hancock, Lowenthal,
Pavley, Strickland
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 74-0, 4/29/10 (Consent) - See last page
for vote
SUBJECT : California Environmental Quality Act: lead
agency:
documents
SOURCE : San Francisco Public Utilities Commission
DIGEST : This bill authorizes 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. This bill authorizes the public agency to
provide the environmental document in an electronic format.
ANALYSIS :
Existing law:
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1. Under the California Environmental Quality Act (CEQA):
A. Requires a lead agency preparing an environmental
impact report (EIR) or negative declaration to
provide public notice specifying the period during
which comments will be received on the draft EIR or
negative declaration; the date, time, and place of
any public meetings or hearings on the proposed
project; a brief description of the proposed project
and its location; the significant effects on the
environment, if any, anticipated by the project; and
the address where copies of the draft environmental
impact report or negative declaration, and all
documents referenced in the draft EIR or negative
declaration, are available for review. (Section
21092(b) of the Public Resources Code [PRC])
B. Authorizes a lead agency to charge and collect a
reasonable fee from any person proposing a project in
order to recover the estimated costs incurred by the
lead agency in preparing a negative declaration or an
EIR, and for procedures necessary to comply with
CEQA. (PRC Section 21089)
2. Under the California Public Records Act, requires an
agency to make a public record available in an
electronic format if the public record is in an
electronic format. The cost of duplication must be
limited to the direct cost of producing a copy of a
record in an electronic format. (Section 6253.9 of the
Government Code)
This bill, under CEQA:
1. Authorizes public agencies to 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. The
environmental document may also be provided in an
electronic format as provided under the Public Records
Act.
2. Defines "environmental document" as an initial study,
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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 EIR.
Clarifying Procedures relating to Provision of
Environmental Documents
CEQA requires notice regarding certain matters, including
the address where copies of the draft EIR or negative
declaration, and all documents referenced in the draft EIR
or negative declaration, are available for review. The
CEQA guidelines authorize public agencies to charge and
collect a reasonable fee for a copy of an environmental
document that does not exceed the actual cost of
reproducing a copy. (Section 15045(b))
This bill adds this authority to CEQA and provides a
definition of "environmental document" that is similar to
the definition of that term in the CEQA guidelines (Section
15361). This bill also allows the environmental document
to be provided in an electronic format in the same manner
as provided under the California Public Records Act.
Comments
According to the author, "While hardcopies of CEQA
documents are certainly necessary for Planning Departments
to review and mark-up documents, as well as for members of
the public who do not have access to a computer, under some
circumstances, digital copies of CEQA documents would be
appropriate to save paper and the cost of implementing CEQA
reporting. This legislation provides the option for lead
agencies ? to make CEQA documents available ? through other
digital formats (compact discs, e-mail attachments, or
other digital transfers) to interested and responsible
parties."
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FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 8/3/10)
San Francisco Public Utilities Commission (source)
Association of California Water Agencies
Bay Area Air Quality Management District
California Association of Sanitation Agencies
California Special Districts Association
CEQAmap
Cities of Camarillo and Santa Barbara
East Bay Municipal Utility District
Regional Council of Rural Counties
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Anderson, Arambula, Beall, Bill
Berryhill, Tom Berryhill, Blakeslee, Block, Blumenfield,
Bradford, Brownley, Buchanan, Charles Calderon, Carter,
Chesbro, Conway, Cook, Coto, Davis, De La Torre, De Leon,
DeVore, Emmerson, Eng, Evans, Feuer, Fletcher, Fong,
Fuentes, Fuller, Furutani, Gaines, Galgiani, Garrick,
Gilmore, Hagman, Hall, Harkey, Hayashi, Hernandez, Hill,
Huber, Huffman, Jeffries, Knight, Lieu, Logue, Ma,
Mendoza, Miller, Monning, Nava, Nestande, Niello,
Nielsen, Norby, V. Manuel Perez, Portantino, Ruskin,
Salas, Saldana, Silva, Skinner, Smyth, Solorio, Audra
Strickland, Swanson, Torlakson, Torres, Tran, Villines,
Yamada, John A. Perez
NO VOTE RECORDED: Bass, Caballero, Jones, Bonnie
Lowenthal, Torrico, Vacancy
TSM:mw 8/4/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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