SB 359, as introduced, Corbett. California Environmental Quality Act: environmental impact reports.
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 requires notices regarding a lead agency determination to require an EIR or other actions pursuant to that act be mailed to every person who files a written request and provides that the failure of a person to receive a requested notice shall not invalidate the action if there has been substantial compliance with these notice provisions.
This bill would make a technical, nonsubstantive change in these CEQA notice provisions.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 21092.2 of the Public Resources Code
2 is amended to read:
(a) The notices required pursuant to Sections 21080.4,
221083.9, 21092, 21108, 21152, and 21161 shall be mailed to every
3person who has filed a written request for notices with either the
4clerk of the governing body or, if there is no governing body, the
5director of the agency. If the agency offers to provide the notices
6by email, upon filing a written request for notices, a person may
7request that the notices be provided to him or her by email. The
8request may also be filed with any other person designated by the
9governing body or director to receive these requests. The agency
10may require requests for notices to be annually renewed. The public
11agency may charge a fee, except to other public agencies, that is
12reasonably related to the costs of providing this service.
13(b) begin deleteSubdivisionend deletebegin insertIf there has been substantial compliance with
14the requirements of this section, subdivisionend insert (a) shall not be
15construed in any manner that results in the invalidation of an action
16because of the failure of a person to receive a requested noticebegin delete, if .
17there has been substantial compliance with the requirements of
18this sectionend delete
19(c) The notices required pursuant to Sections 21080.4 and 21161
20shall be provided by the State Clearinghouse to any legislator in
21whose district the project has an environmental impact, if the
22legislator requests the notice and the State Clearinghouse has
23received it.
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