BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 880|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
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CONSENT
Bill No: SB 880
Author: Corbett (D)
Amended: 3/21/11
Vote: 21
SENATE ENVIRONMENTAL QUALITY COMMITTEE : 7-0, 04/04/11
AYES: Simitian, Strickland, Blakeslee, Hancock, Kehoe,
Lowenthal, Pavley
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SUBJECT : Environmental quality: environmental impact
report: notice
of completion
SOURCE : Author
DIGEST : This bill requires a notice of completion (NOC)
of an Environmental Impact Report (EIR) by a public agency
to be mailed upon request, and repeals the legislator NOC
notice requirement, adds this requirement under Public
Resources Code Section 21092.2, and also requires and
notice of preparation (NOP) to be provided to a legislator
under the same conditions as for receipt of a NOC.
ANALYSIS : Existing law, under the California
Environmental Quality Act (CEQA), sets various notice
requirements and:
1.Requires an agency to mail specified notices to any
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person who has filed a written request for notices with
either the governing body clerk or the agency director.
The agency may require requests for notices to be
annually renewed and may charge a fee for providing the
service. Notices to be provided include the NOP of an
EIR, scoping meeting notice, and a notice of
determination.
2.Requires a copy of a NOC of an EIR to be provided by the
State Clearinghouse to any legislator in whose district
the project has an environmental impact if the legislator
requests the notice and the State Clearinghouse has
received it.
This bill:
1.Requires a NOC to also be mailed to any person who has
filed a written request for notices.
2.Repeals the legislator NOC notice requirement, adds this
requirement under Section 21092.2, and also requires an
NOP to be provided to a legislator under the same
conditions as for receipt of a NOC.
Comments
Under current law, a person may file a written request with
an agency to receive certain CEQA notices. However, this
provision does not reference the NOC. Current law also
enables a legislator to receive a NOC for a project in
their district that has an environmental impact, but there
is no reference to the NOP.
According to the author's office, this bill "enables a
person requesting CEQA notices from public agencies to
receive NOCs, along with other notices required under
current law." The author also notes that SB 880 "provides
an opportunity for legislators to be aware of proposed
projects having an environmental impact in their district
early in the CEQA process - when there is an NOP for an
EIR, rather than when the NOC is filed. CEQA is an
extremely important law in California. SB 880 will help
the Legislature learn more about the projects under review
in their districts."
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Background
CEQA provides a process for evaluating the environmental
effects of a project, and includes statutory exemptions, as
well as categorical exemptions in the CEQA guidelines. If
a project is not exempt from CEQA, an initial study is
prepared to determine whether a project may have a
significant effect on the environment. If the initial
study shows that there would not be a significant effect on
the environment, the lead agency must prepare a negative
declaration. If the initial study shows that the project
may have a significant effect on the environment, the lead
agency must prepare an EIR.
Generally, an EIR must accurately describe the proposed
project, identify and analyze each significant
environmental impact expected to result from the proposed
project, identify mitigation measures to reduce those
impacts to the extent feasible, and evaluate a range of
reasonable alternatives to the proposed project. Prior to
approving any project that has received environmental
review, an agency must make certain findings. If
mitigation measures are required or incorporated into a
project, the agency must adopt a reporting or monitoring
program to ensure compliance with those measures.
If a mitigation measure would cause one or more significant
effects in addition to those that would be caused by the
proposed project, the effects of the mitigation measure
must be discussed but in less detail than the significant
effects of the proposed project.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
DLW:nl 5/3/11 Senate Floor Analyses
SUPPORT/OPPOSITION: NONE RECEIVED
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