BILL NUMBER: AB 209 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 21, 2011
INTRODUCED BY Assembly Member Ammiano
JANUARY 31, 2011
An act to amend Section 21089 21082.1
of the Public Resources Code, relating to environmental
quality.
LEGISLATIVE COUNSEL'S DIGEST
AB 209, 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 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.
CEQA requires a lead agency to submit a sufficient number of
copies of the draft EIR, proposed negative declaration, or proposed
mitigated negative declaration, and an electronic version, to the
State Clearinghouse for review and comment by state agencies under
specified circumstances.
This bill would make technical, nonsubstative changes in
those provisions authorizing a lead agency to charge and collect a
reasonable fee from a person proposing a project subject to CEQA
delete the requirement to submit sufficient number of
copies of the draft EIR, proposed negative declaration, or proposed
mitigated negative declaration to the State Clearinghouse .
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 21082.1 of the
Public Resources Code is amended to read:
21082.1. (a) Any A draft
environmental impact report, environmental impact report, negative
declaration, or mitigated negative declaration prepared pursuant to
the requirements of this division shall be prepared directly by, or
under contract to, a public agency.
(b) This section is not intended to prohibit, and shall not be
construed as prohibiting, any person from submitting information or
other comments to the public agency responsible for preparing an
environmental impact report, draft environmental impact report,
negative declaration, or mitigated negative declaration. The
information or other comments may be submitted in any format, shall
be considered by the public agency, and may be included, in whole or
in part, in any a report or
declaration.
(c) The lead agency shall do all of the following:
(1) Independently review and analyze any report or declaration
required by this division.
(2) Circulate draft documents that reflect its independent
judgment.
(3) As part of the adoption of a negative declaration or a
mitigated negative declaration, or certification of an environmental
impact report, find that the report or declaration reflects the
independent judgment of the lead agency.
(4) Submit a sufficient number of copies of the
draft of the environmental impact report, proposed
negative declaration, or proposed mitigated negative declaration
, and a copy of the report or declaration in an
electronic form , as required by the guidelines adopted
pursuant to Section 21083, to the State Clearinghouse for review and
comment by state agencies, if any of the following apply:
(A) A state agency is any of the following:
(i) The lead agency.
(ii) A responsible agency.
(iii) A trustee agency.
(B) A state agency otherwise has jurisdiction by law with respect
to the project.
(C) The proposed project is of sufficient statewide, regional, or
areawide environmental significance as determined pursuant to the
guidelines certified and adopted pursuant to Section 21083.
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) 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.
(B) A public agency may provide the environmental document in an
electronic format as prescribed 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.