BILL ANALYSIS
------------------------------------------------------------
|SENATE RULES COMMITTEE | AB 1581|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
------------------------------------------------------------
THIRD READING
Bill No: AB 1581
Author: Torres (D)
Amended: 6/23/10 in Senate
Vote: 21
SENATE ENV. QUALITY COMMITTEE : 6-1, 6/28/10
AYES: Simitian, Corbett, Hancock, Lowenthal, Pavley,
Strickland
NOES: Runner
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : Not relevant
SUBJECT : California Environmental Quality Act: notice:
scoping
SOURCE : Author
DIGEST : This bill requires a lead agency to provide a
scoping meeting notice to other entities not required to
receive the notice pursuant to the California Environmental
Quality Act but that have failed a written request for the
notice.
ANALYSIS :
Existing law, under the California Environmental Quality
Act (CEQA):
CONTINUED
AB 1581
Page
2
1.Requires lead agencies with the principal responsibility
for carrying out or approving a proposed project to
prepare a negative declaration, mitigated declaration, or
environmental impact report (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). (Public Resources Code 21000).
2.Requires a lead agency to call at least one scoping
meeting for a proposed project that may affect highways
or other facilities under Department of Transportation
(Caltrans) jurisdiction, if requested by Caltrans, or for
a project of statewide, regional, or areawide
significance. (21083.9). Notice of at least one
scoping meeting must be provided to the following:
A. A county or city that borders on the county or
city within which the project is located, unless
otherwise designated annually by agreement.
B. A responsible agency.
C. A public agency that has jurisdiction by law with
respect to the project.
D. A transportation planning agency and public
agencies having transportation facilities within the
jurisdiction.
E. An organization or individual who has filed a
written request for notice.
This bill requires a scoping meeting notice to also be
provided to any entity that has filed a written request for
the notice and is not otherwise required to receive notice.
Comments
Under CEQA, a scoping meeting notice must be provided to
certain public agencies. An organization or individual may
file a written request to receive the notice, but there is
no provision allowing an entity to receive a scoping
meeting notice upon request if that entity is not otherwise
required to receive notice - such as a special district or
AB 1581
Page
3
nearby city that does not border the county or city within
which the project is located. This bill provides an
opportunity for these entities to file a written request to
receive the scoping meeting notice.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
TSM:cm 8/17/10 Senate Floor Analyses
SUPPORT/OPPOSITION: NONE RECEIVED
**** END ****