BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  SB 436
                                                                  Page 1


          SENATE THIRD READING
          SB 436 (Jackson)
          As Amended  April 3, 2013
          Majority vote 

           SENATE VOTE  :28-10  
           
           NATURAL RESOURCES   6-3         APPROPRIATIONS      12-5        
           
           ----------------------------------------------------------------- 
          |Ayes:|Chesbro, Garcia,          |Ayes:|Gatto, Bocanegra,         |
          |     |Muratsuchi, Skinner,      |     |Bradford,                 |
          |     |Stone, Williams           |     |Ian Calderon, Campos,     |
          |     |                          |     |Eggman, Gomez, Hall,      |
          |     |                          |     |Holden, Pan, Quirk, Weber |
          |     |                          |     |                          |
          |-----+--------------------------+-----+--------------------------|
          |Nays:|Grove, Bigelow, Patterson |Nays:|Harkey, Bigelow,          |
          |     |                          |     |Donnelly, Linder, Wagner  |
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           SUMMARY :  Clarifies and expands specified California  
          Environmental Quality Act (CEQA) notice procedures and clarifies  
          that scoping meetings called pursuant to CEQA are public  
          meetings.  Specifically,  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:

             a)   Responsible and trustee agencies.

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

             c)   The State Clearinghouse.

           EXISTING LAW  :

          1)Requires a lead agency with the principal responsibility for  








                                                                  SB 436
                                                                  Page 2


            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 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.

           FISCAL EFFECT  :  According to the Assembly Appropriations  
          Committee, 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."


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


                                                                FN: 0001507











                                                                  SB 436
                                                                  Page 3