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 Page 2 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 Page 3