BILL ANALYSIS Ó
SB 436
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SENATE THIRD READING
SB 436 (Jackson)
As Amended April 3, 2013
Majority vote
SENATE VOTE :28-10
NATURAL RESOURCES 6-3 APPROPRIATIONS 12-5
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|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 |
| | | | |
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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
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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
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