Senate Bill No. 436

Introduced by Senator Jackson

February 21, 2013

An act to amend Sections 21083.9, 21092, 21108, and 21152 of the Public Resources Code, relating to environmental quality.

LEGISLATIVE COUNSEL’S DIGEST

SB 436, as introduced, Jackson. California Environmental Quality Act: notice.

(1) The California Environmental Quality Act (CEQA) requires a lead agency to prepare, or cause to be prepared, and certify the completion of, an environmental impact report (EIR) on a project, as defined, that it proposes to carry out or approve that may have a significant effect on the environment, as defined, or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires the lead agency to call at least one scoping meeting for a project that may affect highways or other facilities under the jurisdiction of the Department of Transportation if the meeting is requested by the department, or for a project of statewide, regional, or areawide significance. CEQA requires the lead agency to provide to specified entities a notice of at least one scoping meeting.

This bill would require a lead agency to conduct at least one public scoping meeting for the specified projects and to provide notice to the specified entities of at least one public scoping meeting.

(2) CEQA requires any lead agency that is preparing an EIR or a negative declaration or making a determination, pursuant to a specified provision of law, to provide public notice within a reasonable period of time prior to certification of the EIR or adoption of the negative declaration. Existing law requires that notice be given to the last known name and address of all organizations and individuals who previously requested the notice and by at least one of several procedures, including by direct mailing to the owners and occupants of contiguous property shown on the latest equalized assessment roll.

This bill would revise these notice requirements to require the notice be given to a list of specified parties, including the State Clearinghouse and project applicants, and by at least one of the several listed procedures.

(3) CEQA requires a state agency or local agency that approves or determines to carry out a project that is subject to the act, to file notice of the approval or determination with the Office of Planning and Research or the county clerk of each county in which the project will be located, respectively, and to have the notice posted in the Office of Planning and Research or the office of the county clerk, respectively.

This bill would also require the notices to be posted on the Office and Planning and Research’s Internet Web site and the lead agency’s Internet Web site, respectively. If the lead agency cannot maintain an Internet Web site with the specified information, the bill would require the lead agency to provide a link on its Internet Web site to the required information. The bill would also require a notice filed by a local agency to also be filed with the Office of Planning and Research. By requiring local agencies to follow specified notice requirements in regard to CEQA, this bill would impose a state-mandated local program.

(4) 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

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 begin delete call end delete begin insert conduct end insert at least one begin insert public end insert 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 begin insert public end insert
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) A public agency, organization, or individual who has filed
a written request for the notice.

(c) For a public agency, 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.  

Section 21092 of the Public Resources Code is
amended to read:

21092.  

(a) 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 impact
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, 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 if there has been substantial compliance with
the notice content requirements of this section.

(3)  begin insert (A) end insert begin insert   end insert The notice required by this section shall be given to begin delete the
last end delete begin insert all of the following: end insert

begin insert (i) end insert begin insert   end insert begin insert The last end insert known name and address of all organizations and
individuals who have previously requested begin delete notice, and shall also
be given by at least one of the following procedures: end delete begin insert notice. end insert

begin insert

(ii) By mail to the owners and occupants of contiguous property
shown on the latest equalized assessment roll.

end insert begin insert

(iii) By mail or electronic mail to responsible and trustee
agencies.

end insert begin insert

(iv) By mail or electronic mail to a project applicant, if different
than the lead agency, and the applicant’s duly authorized agent.

end insert begin insert

(v) The State Clearinghouse.

end insert begin insert

(B) The notice required by this section shall also be given by
at least one of the following procedures:

end insert begin delete

(A)

end delete

begin insert (i) end insert  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.

begin delete

(B)

end delete

begin insert (ii) end insert  Posting of notice by the lead agency on- and off-site in the
area where the project is to be located.

begin delete

(C) Direct mailing to the owners and occupants of contiguous
property shown on the latest equalized assessment roll.

end delete

(c) For 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 begin delete (A), (B), and (C) end delete begin insert (A) and (B) end insert 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.

(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 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. 3.  

Section 21108 of the Public Resources Code is
amended to read:

21108.  

(a) If a state agency approves or determines to carry
out a project that is subject to this division, the state agency shall
file notice of that approval or that determination with the Office
of Planning and Research. The notice shall identify the person or
persons in subdivision (b) or (c) of Section 21065, as reflected in
the agency’s record of proceedings, and indicate the determination
of the state agency whether the project will, or will not, have a
significant effect on the environment and shall indicate whether
an environmental impact report has been prepared pursuant to this
division.

(b) If a state agency determines that a project is not subject to
this division pursuant to subdivision (b) of Section 21080 begin delete or
Section 21172 end delete , and the state agency approves or determines to
carry out the project, the state agency or the person specified in
subdivision (b) or (c) of Section 21065 may file notice of the
determination with the Office of Planning and Research. A notice
filed pursuant to this subdivision shall identify the person or
persons in subdivision (b) or (c) of Section 21065, as reflected in
the agency’s record of proceedings. A notice filed pursuant to this
subdivision by a person specified in subdivision (b) or (c) of
Section 21065 shall have a certificate of determination attached
to it issued by the state agency responsible for making the
determination that the project is not subject to this division pursuant
to subdivision (b) of Section 21080 begin delete or pursuant to Section 21172 end delete .
The certificate of determination may be in the form of a certified
copy of an existing document or record of the state agency.

(c)  begin insert (1) end insert begin insert   end insert A notice filed pursuant to this section shall be available
for public inspection, and a list of these notices shall be posted on
a weekly basis in the Office of Planning and Research. Each list
shall remain posted for a period of 30 days. The Office of Planning
and Research shall retain each notice for not less than 12 months.

begin insert

(2) A notice filed pursuant to this section shall be posted by the
Office of Planning and Research on its Internet Web site within
one business day after its filing. The notice shall remain on the
Internet Web site for not less than 12 months.

end insert

SEC. 4.  

Section 21152 of the Public Resources Code is
amended to read:

21152.  

(a) If a local agency approves or determines to carry
out a project that is subject to this division begin delete , end delete the local agency shall
file notice of the approval or the determination begin insert , end insert within five working
days after the approval or determination becomes final, with the
county clerk of each county in which the project will be located.
The notice shall identify the person or persons in subdivision (b)
or (c) of Section 21065, as reflected in the agency’s record of
proceedings, and indicate the determination of the local agency
whether the project will, or will not, have a significant effect on
the environment and shall indicate whether an environmental
impact report has been prepared pursuant to this division. The
notice shall also include certification that the final environmental
impact report, if one was prepared, together with comments and
responses, is available to the general public.

(b) If a local agency determines that a project is not subject to
this division pursuant to subdivision (b) of Section 21080 begin delete or
pursuant to Section 21172 end delete , and the local agency approves or
determines to carry out the project, the local agency or the person
specified in subdivision (b) or (c) of Section 21065 may file a
notice of the determination with the county clerk of each county
in which the project will be located. A notice filed pursuant to this
subdivision shall identify the person or persons in subdivision (b)
or (c) of Section 21065, as reflected in the agency’s record of
proceedings. A notice filed pursuant to this subdivision by a person
specified in subdivision (b) or (c) of Section 21065 shall have a
certificate of determination attached to it issued by the local agency
responsible for making the determination that the project is not
subject to this division pursuant to subdivision (b) of Section 21080
begin delete or Section 21172 end delete . The certificate of determination may be in the
form of a certified copy of an existing document or record of the
local agency.

(c)  begin insert (1) end insert begin insert   end insert A notice filed pursuant to this section shall be available
for public inspection, and shall be posted within 24 hours of receipt
in the office of the county clerk begin insert and on the lead agency’s Internet
Web site end insert . A notice shall remain posted for a period of 30 days.
Thereafter, the clerk shall return the notice to the local agency with
a notation of the period it was posted. The local agency shall retain
the notice for not less than 12 months.

begin insert

(2) If the lead agency cannot maintain an Internet Web site with
the information required pursuant to this section, the lead agency
shall provide a link on its Internet Web site that directs the user
to the required information.

end insert begin insert

(d) (1) A notice filed pursuant to this section shall also be filed
with the Office of Planning and Research.

end insert begin insert

(2) A notice filed pursuant to this subdivision shall be posted
by the Office of Planning and Research on its Internet Web site
within one business day after its filing. The notice shall be retained
on the Internet Web site for not less than 12 months.

end insert

SEC. 5.  

If the Commission on State Mandates determines that
this act contains costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.