BILL ANALYSIS Ó
SB 436
SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
Senator Jerry Hill, Chair
2013-2014 Regular Session
BILL NO: SB 436
AUTHOR: Jackson
AMENDED: April 3, 2013
FISCAL: Yes HEARING DATE: May 1, 2013
URGENCY: No CONSULTANT: Joanne Roy
SUBJECT : CALIFORNIA ENVIRONMENTAL QUALITY ACT: NOTICE
SUMMARY :
Existing law , under the California Environmental Quality Act
(CEQA):
1) Requires lead agencies with the principal responsibility
for carrying out or approving a proposed discretionary
project to prepare a negative declaration, mitigated
negative declaration, or environmental impact report (EIR)
for this action, unless the project is exempt from CEQA
(CEQA includes various statutory exemptions, as well as
categorical exemptions in the CEQA guidelines). (Public
Resources Code §21000 et seq.).
2) Requires a lead agency preparing an EIR or negative
declaration to provide public notice specifying the period
during which comments will be received on the draft EIR or
negative declaration; 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 by the project; and the address where copies of
the draft EIR or negative declaration, and all documents
referenced in the draft EIR or negative declaration, are
available for review. (§21092(b)).
3) Requires the above public notice to be given to the last
known name and address of all organizations and individuals
who have previously requested notice, and by at least one
of the following procedures (§21092(b)(3)):
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a) Publication in a newspaper of general circulation in
the area affected by the project;
b) Posting of notice by the lead agency on- and off-site
in the project area; or,
c) Direct mailing to the owners and occupants of
contiguous property.
4) Requires a lead agency to call at least one scoping meeting
for specified projects.
This bill :
1) Adds the State Clearinghouse and project applicants to the
specified parties required to receive notice by the lead
agency, which is preparing an EIR or negative declaration,
specifying the period during which comments will be
received on the draft EIR or negative declaration.
2) Requires lead agencies to provide notice to the following
parties in the following manner:
a) Owners and occupants of contiguous property by mail.
b) Responsible and trustee agencies by mail or
electronic mail.
c) Project applicants, if different than the lead
agency, and the applicant's duly authorized agent by
mail or electronic mail.
d) The State Clearinghouse.
3) Clarifies that a lead agency must conduct at least one
public scoping meeting for specified projects.
COMMENTS :
1) Purpose of Bill . According to the author, "SB 436 helps
address concerns regarding late comments on environmental
documents under CEQA by increasing and clarifying those
parties and entities that must receive public notice
regarding the period to comment on an environmental
document and the date, time, and place of any public
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hearings on a proposed project."
2) Brief background on CEQA . 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, then 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 an 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.
3) Providing environmental documents in an electronic format .
Under CEQA, environmental documents must be submitted to
the State Clearinghouse for review and comment by state
agencies under certain conditions (e.g., state agency is a
lead, responsible or trustee agency; proposed project is of
sufficient statewide, regional, or areawide environmental
significance). A copy of the environmental document must
also be provided in an electronic format. (PRC
§21082.1(c)(4)).
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4) Related legislation and technical consideration . SB 617
(Evans), among other provisions, requires notices during
the environmental review process be posted concurrently
online with the Office of Planning and Research and at the
county recorders' office in the affected county. Each bill
amends different provisions in the same section. If SB 436
and SB 617 are both approved by the Senate, double-jointing
language will be necessary to amend in each bill in the
Assembly. SB 617 is also being heard in Senate
Environmental Quality on May 1, 2013.
5) Previous legislation . AB 209 (Ammiano), Chapter 171,
Statutes of 2011, requires a lead agency preparing an EIR
or negative declaration under CEQA to include a description
of how the draft EIR or negative declaration could be
provided in an electronic format.
SOURCE : Author
SUPPORT : California League of Conservation Voters
Natural Resources Defense Council
Planning and Conservation League
Sierra Club California
OPPOSITION : None on file