BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                   SB 476|
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                                 THIRD READING


          Bill No:  SB 476
          Author:   Correa (D)
          Amended:  4/30/09
          Vote:     21

           
           SENATE ENV. QUALITY COMMITTEE  :  6-0, 4/27/09
          AYES:  Simitian, Runner, Ashburn, Corbett, Hancock,  
            Lowenthal
          NO VOTE RECORDED:  Pavley


           SUBJECT  :    California Environmental Quality Act:  public  
          comment

           SOURCE  :     California Building Properties Association


           DIGEST  :    This bill clarifies provisions of the California  
          Environmental Quality Act that prescribe when and how a  
          person may bring an action or a proceeding against a  
          project before a public entity.

           ANALYSIS  :    Existing law, under the California  
          Environmental Quality Act (CEQA), prohibits an action from  
          being brought on alleged grounds of noncompliance with CEQA  
          unless the alleged grounds for noncompliance were presented  
          to the public agency orally or in writing by any person  
          during the public comment period or prior to the close of  
          the public hearing on the project before issuance of the  
          notice of determination (NOD).  (Section 21177 of the  
          Public Resources Code)

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                                                                SB 476
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          This bill provides that the time period prior to the close  
          of the public hearing on the project is before filing  
          (rather than issuance) of the NOD, and provides a reference  
          to requirements for state and local agencies to file the  
          NOD.

           Comments  

          Since a person is prohibited from bringing an action on  
          alleged grounds of noncompliance with CEQA unless the  
          alleged grounds were presented during the public comment  
          period or prior to the close of the public hearing, this  
          bill clarifies that the closure point is when the public  
          hearing is prior to the NOD being filed, rather than the  
          NOD being issued.  This bill provides further clarification  
          by providing a cross reference to the two provisions of  
          CEQA outlining requirements for state and local agencies to  
          file a NOD.

          A lead agency must file a NOD after deciding to carry out  
          or approve a project.  A state agency files the NOD with  
          the Office of Planning and Research (OPR).  A local agency  
          files the NOD with the county clerk.  If the project  
          requires discretionary approval from any state agency, the  
          local agency must also file the NOD with OPR.

           NOTE:  Please refer to the Senate Environmental Quality  
                 Committee analysis for further background on CEQA.

           FISCAL EFFECT :    Appropriation:  No   Fiscal Com.:  No    
          Local:  No

           SUPPORT  :   (Verified  4/30/09)

          California Building Properties Association (source)
          California Chamber of Commerce


          TSM:mw  5/1/09   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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