BILL ANALYSIS Ó
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THIRD READING
Bill No: SB 436
Author: Jackson (D)
Amended: 4/3/13
Vote: 21
SENATE ENVIRONMENTAL QUALITY COMMITTEE : 7-1, 5/1/13
AYES: Hill, Calderon, Corbett, Hancock, Jackson, Leno, Pavley
NOES: Fuller
NO VOTE RECORDED: Gaines
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SUBJECT : California Environmental Quality Act: notice
SOURCE : Author
DIGEST : This bill adds the State Clearinghouse and project
applicants to the specified parties required to receive notice
by the lead agency, which is preparing an environmental impact
report (EIR) or negative declaration, specifying the period
during which comments will be received on the draft EIR or
negative declaration.
ANALYSIS :
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
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prepare a negative declaration, mitigated negative
declaration, or 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).
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.
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.
4.Requires a lead agency to call at least one scoping meeting
for specified projects.
This bill:
1.Requires the lead agency, which is preparing an EIR or
negative declaration, 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.
1.Clarifies that a lead agency must conduct at least one public
scoping meeting for specified projects.
Background
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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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 5/10/13)
California League of Conservation Voters
Natural Resources Defense Council
Planning and Conservation League
Sierra Club California
ARGUMENTS IN SUPPORT : 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,
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time, and place of any public hearings on a proposed project."
RM:nld 5/13/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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