BILL NUMBER: SB 436 INTRODUCED
BILL TEXT
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 call conduct at least
one public 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
public 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) (A) The notice required by this section
shall be given to the last all of the
following:
(i) 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: notice.
(ii) By mail to the owners and occupants of contiguous property
shown on the latest equalized assessment roll.
(iii) By mail or electronic mail to responsible and trustee
agencies.
(iv) By mail or electronic mail to a project applicant, if
different than the lead agency, and the applicant's duly authorized
agent.
(v) The State Clearinghouse.
(B) The notice required by this section shall also be given by at
least one of the following procedures:
(A)
(i) 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)
(ii) 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 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)
(A) and (B) 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
or Section 21172 , 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 or pursuant to
Section 21172 . The certificate of determination may be in
the form of a certified copy of an existing document or record of the
state agency.
(c) (1) 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.
(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.
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 , the
local agency shall file notice of the approval or the determination
, 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
or pursuant to Section 21172 , 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 or Section 21172 . The
certificate of determination may be in the form of a certified copy
of an existing document or record of the local agency.
(c) (1) 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
and on the lead agency's Internet Web site . 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.
(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.
(d) (1) A notice filed pursuant to this section shall also be
filed with the Office of Planning and Research.
(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.
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.