BILL NUMBER: SB 972	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Simitian

                        JANUARY 18, 2012

   An act to amend Section 21083.9 of the Public Resources Code,
relating to environmental quality.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 972, as introduced, Simitian. Environmental quality: California
Environmental Quality Act: scoping meeting.
   (1) Existing law requires a lead agency to provide to, among
others, an organization or individual who has filed a written request
a notice of at least one scoping meeting for projects of statewide,
regional, or areawide significance.
   This bill would additionally require the lead agency to provide
the above notice to an entity that has filed a written request for
the notice, thereby imposing 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: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 21083.9 of the Public Resources Code is amended
to read:
   21083.9.  (a) Notwithstanding Section 21080.4, 21104, or 21153, a
lead agency shall call at least one scoping meeting for either of the
following:
   (1) A proposed project that may affect highways or other
facilities under the jurisdiction of the Department of Transportation
if the meeting is requested by the department. The lead agency shall
call the scoping meeting as soon as possible, but not later than 30
days after receiving the request from the Department of
Transportation.
   (2) A project of statewide, regional, or areawide significance.
   (b) The lead agency shall provide notice of at least one scoping
meeting held pursuant to paragraph (2) of subdivision (a) to all of
the following:
   (1) A county or city that borders on a county or city within which
the project is located, unless otherwise designated annually by
agreement between the lead agency and the county or city.
   (2) A responsible agency.
   (3) A public agency that has jurisdiction by law with respect to
the project.
   (4) A transportation planning agency or public agency required to
be consulted pursuant to Section 21092.4.
   (5) An  entity,  organization  ,  or individual
who has filed a written request for the notice.
   (c) For an entity, organization, or individual that is required to
be provided notice of a lead agency public meeting, the requirement
for notice of a scoping meeting pursuant to subdivision (b) may be
met by including the notice of a scoping meeting in the public
meeting notice.
   (d) A scoping meeting that is held in the city or county within
which the project is located pursuant to the federal National
Environmental Policy Act of 1969 (42 U.S.C. Sec. 4321 et seq.) and
the regulations adopted pursuant to that act shall be deemed to
satisfy the requirement that a scoping meeting be held for a project
subject to paragraph (2) of subdivision (a) if the lead agency meets
the notice requirements of subdivision (b) or subdivision (c).
   (e) The referral of a proposed action to adopt or substantially
amend a general plan to a city or county pursuant to paragraph (1) of
subdivision (a) of Section 65352 of the Government Code may be
conducted concurrently with the scoping meeting required pursuant to
this section, and the city or county may submit its comments as
provided pursuant to subdivision (b) of that section at the scoping
meeting.
  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.