BILL NUMBER: AB 209 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 31, 2011
AMENDED IN ASSEMBLY MARCH 21, 2011
INTRODUCED BY Assembly Member Ammiano
JANUARY 31, 2011
An act to amend Section 21082.1 21092
of the Public Resources Code, relating to environmental
quality.
LEGISLATIVE COUNSEL'S DIGEST
AB 209, as amended, Ammiano. Environment: CEQA: lead agency:
documents.
The
(1) 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 any
lead agency tha t is preparing an environmental impact
report or a negative declaration or making a specified determination
to provide public notice of that fact within a reasonable period of
time prior to certification of the environmental impact
report, adoption of the negative declaration, or making the
determination, as prescribed. CEQA further requires that the notice
to contain specified information, including the address where copies
of the draft environmental impact report or negative declaration, and
all documents referenced in the draft environmental impact report or
negative declaration, are available for review .
This bill would 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.
This bill would additionally require that the notice include a
description of how the draft environmental impact report or negative
declaration can be provided in an electronic format. Because a lead
agency would be required to provide this description in the notice,
this bill would impose a state-mandated local program.
(2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 21092 of the Public
Resources Code is amended to read:
21092. (a) Any A lead agency that
is preparing an environmental impact report or a negative declaration
or making a determination pursuant to subdivision (c) of Section
21157.1 shall provide public notice of that fact within a reasonable
period of time prior to certification of the environmental impact
report, adoption of the negative declaration, or making the
determination pursuant to subdivision (c) of Section 21157.1.
(b) (1) The notice shall specify the period during which comments
will be received on the draft environmental report or negative
declaration, and shall include 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 as a result of the
project, and the address where copies of the draft
environmental impact report or negative declaration, and all
documents referenced in the draft environmental impact report or
negative declaration, are available for review , and a
description of how the draft environmental impact report or negative
declaration can be provided in an electronic format .
(2) This section shall not be construed in any manner that results
in the invalidation of an action because of the alleged inadequacy
of the notice content , provided that if
there has been substantial compliance with the notice content
requirements of this section.
(3) The notice required by this section shall be given to the last
known name and address of all organizations and individuals who have
previously requested notice , and shall also be given by
at least one of the following procedures:
(A) Publication, no fewer times than required by Section 6061 of
the Government Code, by the public agency in a newspaper of general
circulation in the area affected by the proposed project. If more
than one area will be affected, the notice shall be published in the
newspaper of largest circulation from among the newspapers of general
circulation in those areas.
(B) Posting of notice by the lead agency on- and off-site in the
area where the project is to be located.
(C) Direct mailing to the owners and occupants of contiguous
property shown on the latest equalized assessment roll.
(c) For any a project involving the
burning of municipal wastes, hazardous waste, or refuse-derived fuel,
including, but not limited to, tires, meeting the qualifications of
subdivision (d), notice shall be given to all organizations and
individuals who have previously requested notice and shall also be
given by at least the procedures specified in subparagraphs (A), (B),
and (C) of paragraph (3) of subdivision (b). In addition,
notification shall be given by direct mailing to the owners and
occupants of property within one-fourth of a mile of any parcel or
parcels on which is located a project subject to this subdivision.
This subdivision does not apply to any project for which
notice has already been provided as of July 14, 1989, in compliance
with this section as it existed prior to July 14, 1989.
(d) The notice requirements of subdivision (c) apply to both of
the following:
(1) The construction of a new facility.
(2) The expansion of an existing facility which
that burns hazardous waste which would increase its
permitted capacity by more than 10 percent. For purposes of this
paragraph, the amount of expansion of an existing facility shall be
calculated by comparing the proposed facility capacity with whichever
of the following is applicable:
(A) The facility capacity approved in the facility's hazardous
waste facilities permit pursuant to Section 25200 of the Health and
Safety Code or its grant of interim status pursuant to Section
25200.5 of the Health and Safety Code, or the facility capacity
authorized in any state or local agency permit allowing the
construction or operation of a facility for the burning of hazardous
waste, granted before January 1, 1990.
(B) The facility capacity authorized in the facility's original
hazardous waste facilities permit, grant of interim status, or any
state or local agency permit allowing the construction or operation
of a facility for the burning of hazardous waste, granted on or after
January 1, 1990.
(e) The notice requirements specified in subdivision (b) or (c)
shall not preclude a public agency from providing additional notice
by other means if the agency so desires, or from providing the public
notice required by this section at the same time and in the same
manner as public notice otherwise required by law for the project.
SEC. 2. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because a local agency or school district has the
authority to levy service charges, fees, or assessments sufficient to
pay for the program or level of service mandated by this act, within
the meaning of Section 17556 of the Government Code.
SECTION 1. Section 21082.1 of the Public
Resources Code is amended to read:
21082.1. (a) 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 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 draft of the environmental impact report, proposed
negative declaration, or proposed mitigated negative 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.