BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 1456
                                                                  Page  1

          Date of Hearing:   August 4, 2010

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                  SB 1456 (Simitian) - As Amended:  August 2, 2010 

          Policy Committee:                              Natural  
          ResourcesVote:9-0

          Urgency:     Yes                  State Mandated Local Program:  
          No     Reimbursable:              No

           SUMMARY  

          This bill makes several revisions to the California  
          Environmental Quality Act (CEQA) regarding environmental impact  
          reports (EIRs), mediation and judicial review.  Specifically,  
          this bill: 

          1)Authorizes a person who wishes to bring an action to allege  
            CEQA noncompliance to first request mediation with the lead  
            agency, to be acted upon at the lead agency's discretion.

          2)Specifies that an EIR prepared subsequent to a previous EIR  
            for a project that has been substantially changed does not  
            need to consider cumulative effects of the project if the lead  
            agency finds, according to specified conditions, that the  
            prior EIR adequately considered those cumulative effects.

          3)Authorizes the Attorney General to file a motion with the  
            court seeking an expedited schedule for resolution of a  
            proceeding alleging noncompliance with CEQA.

          4)Requires an organization formed after project approval that  
            alleges CEQA violation to include a member who had alleged  
            CEQA noncompliance with the lead agency during the public  
            comment period.

          5)Allows any party to file a motion, after the court has made a  
            decision, requesting a penalty for an allegedly frivolous  
            claim.

          6)Sunsets all of the bill's provisions as of January 1, 2016.









                                                                  SB 1456
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           FISCAL EFFECT  

          1)Minor state costs, if any.

          2)Potential state savings of an unknown amount to the extent  
            state agencies serving as lead agencies accept requests for  
            mediation as an alternative to litigation, which typically is  
            less costly than litigation.

          COMMENTS  

           1)Rationale  .  The author intends this bill to streamline the  
            CEQA process by providing for mediation to avoid costly CEQA  
            litigation, expediting resolution of CEQA cases, establishing  
            accountability among those making CEQA challenges, and  
            establishing a process for "tiering" of EIRs to avoid  
            reassessment of cumulative impacts.

           1)Background  . CEQA obligates public officials to consider the  
            environmental effects of their decisions.  CEQA recognizes  
            three types of effects:  
           
              a)   Direct Effects  : caused by a project and occur at the  
               same time and place as the project.

              b)   Indirect Effects  : reasonably foreseeable and caused by a  
               project but which occur at a different time or place than  
               the project.

              c)   Cumulative Effects  : two or more individual effects  
               which, when considered together, are considerable or which  
               compound or increase other environmental impacts.

            The lead agency that proposes to approve a project must  
            conduct an initial study to determine if the project may have  
            significant, adverse environmental effects.  If not, the lead  
            agency issues a negative declaration and, after a 30-day  
            review period, proceeds with its review and decision.  If the  
            lead agency finds minor effects that can be mitigated, it  
            issues a mitigated negative declaration and then proceeds.  If  
            the lead agency finds that the effects of the project may be  
            significant, it prepares an environmental impact report (EIR),  
            a document that shows public officials how to avoid or  
            mitigate the project's environmental effects.   
           








                                                                  SB 1456
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            Preparing the EIR begins when the lead agency sends notice of  
            preparation to other public agencies, soliciting advice on the  
            EIR's scope.  If the project is of statewide, regional, or  
            area-wide significance, the lead agency holds a scoping  
            meeting with the other agencies.  The lead agency circulates  
            its draft EIR and invites public comments during a 45-day  
            review period. 

            After this public review, the lead agency issues a final EIR  
            that responds to the comments that it received.  After  
            certifying the final EIR, the lead agency files notice to  
            allow the project to proceed.

            CEQA allows a lead agency to prepare a supplemental EIR,  
            instead of a completely new EIR, to account for minor  
            additions or changes to the project not covered in the  
            original EIR.  Conversely, substantial changes to a project  
            would require a lead agency to prepare a new EIR.

           Analysis Prepared by  :    Jay Dickenson / APPR. / (916) 319-2081