BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  SB 436
                                                                  Page 1

          Date of Hearing:  June 24, 2013

                       ASSEMBLY COMMITTEE ON NATURAL RESOURCES
                                Wesley Chesbro, Chair
                    SB 436 (Jackson) - As Amended:  April 3, 2013

           SENATE VOTE  :  28-10
           
          SUBJECT  :  California Environmental Quality Act:  notice

           SUMMARY  :  Clarifies and expands specified CEQA notice procedures  
          and clarifies that scoping meetings called pursuant to CEQA are  
          public meetings.

           EXISTING LAW  :

          1)Requires a lead agency with the principal responsibility for  
            carrying out or approving a proposed project to prepare a  
            negative declaration, mitigated negative declaration, or  
            environmental impact report (EIR) for its action, unless the  
            project is exempt from CEQA.

          2)Requires a lead agency to make these and other documents,  
            including notices, comments, and responses, available to the  
            public, including specified individuals and agencies, such as  
            residents adjacent to a proposed project, and the OPR's State  
            Clearinghouse for projects reviewed by state agencies, and  
            provide documents directly to individuals upon request.

          3)Requires a lead agency to call at least one scoping meeting  
            for a proposed project of statewide, regional, or area-wide  
            significance.  Notice of at least one scoping meeting must be  
            provided to specified agencies, as well as any organization or  
            individual who has filed a written request for notice.

           THIS BILL  :

          1)Clarifies that scoping meetings, required to be held by lead  
            agencies for certain highway projects and other projects or  
            statewide, regional, or areawide significance, are public  
            meetings.

          2)Requires a lead agency to provide specified notices, including  
            preparation of an EIR or negative declaration, to:









                                                                  SB 436
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               a)     Responsible and trustee agencies.

               b)     The project applicant and the applicant's duly  
                 authorized agent.

               c)     The State Clearinghouse.

           FISCAL EFFECT  :  According to the Senate Appropriations  
          Committee, pursuant to Senate Rule 28.8, negligible state costs.

           COMMENTS  :  Public notice of lead agency actions and access to  
          documents is essential to CEQA's public participation purpose.   
          This bill provides modest updates and clarifications to CEQA's  
          notice procedures.  The bill specifically requires lead agencies  
          to notify responsible and trustee agencies, third-party project  
          applicants, and the State Clearinghouse.  For the first two, the  
          bill specifically permits electronic mail notification.   
          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 hearings on a proposed project.
           
          REGISTERED SUPPORT / OPPOSITION  :

           Support 
           
          California League of Conservation Voters
          Natural Resources Defense Council
          Planning and Conservation League
          Sierra Club California
           
            Opposition 
           
          None on file


           Analysis Prepared by  :  Lawrence Lingbloom / NAT. RES. / (916)  
          319-2092 











                                                                  SB 436
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