BILL ANALYSIS
AB 2565
SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
Senator S. Joseph Simitian, Chairman
2009-2010 Regular Session
BILL NO: AB 2565
AUTHOR: Ammiano
AMENDED: June 17, 2010
FISCAL: Yes HEARING DATE: June 28, 2010
URGENCY: No CONSULTANT: Randy Pestor
SUBJECT : CALIFORNIA ENVIRONMENTAL QUALITY ACT
SUMMARY :
Existing law :
1) Under the California Environmental Quality Act (CEQA):
a) Requires a lead agency preparing an environmental
impact report (EIR) or negative declaration to provide
public notice specifying the period during which
comments will be received on the draft EIR or negative
declaration; the date, time, and place of any public
meetings or hearings on the proposed project; a brief
description of the proposed project and its location;
the significant effects on the environment, if any,
anticipated by the project; and the address where copies
of the draft environmental impact report or negative
declaration, and all documents referenced in the draft
EIR or negative declaration, are available for review.
(Public Resources Code 21092(b)).
b) Authorizes a lead agency to charge and collect a
reasonable fee from any person proposing a project in
order to recover the estimated costs incurred by the
lead agency in preparing a negative declaration or an
EIR, and for procedures necessary to comply with CEQA.
(21089).
2) Under the California Public Records Act, requires an agency
to make a public record available in an electronic format
if the public record is in an electronic format. The cost
of duplication must be limited to the direct cost of
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producing a copy of a record in an electronic format.
(Government Code 6253.9)
This bill , under CEQA:
1) Authorizes public agencies to charge and collect a
reasonable fee from members of the public for a copy of an
environmental document not to exceed the cost of
reproducing the environmental document. The environmental
document may also be provided in an electronic format as
provided under the Public Records Act (#2 above).
2) Defines "environmental document" (e.g., initial study,
negative declaration, draft and final EIR).
COMMENTS :
1) Purpose of Bill . According to the author, "While
hardcopies of CEQA documents are certainly necessary for
Planning Departments to review and mark-up documents, as
well as for members of the public who do not have access to
a computer, under some circumstances, digital copies of
CEQA documents would be appropriate to save paper and the
cost of implementing CEQA reporting. This legislation
provides the option for lead agencies . . . to make CEQA
documents available . . . through other digital formats
(compact discs, e-mail attachments, or other digital
transfers) to interested and responsible parties."
2) Brief background on CEQA . CEQA provides a process for
evaluating the environmental effects of a project, and
includes statutory exemptions, as well as categorical
exemptions in the CEQA guidelines. If a project is not
exempt from CEQA, an initial study is prepared to determine
whether a project may have a significant effect on the
environment. If the initial study shows that there would
not be a significant effect on the environment, the lead
agency must prepare a negative declaration. If the initial
study shows that the project may have a significant effect
on the environment, the lead agency must prepare an EIR.
Generally, an EIR must accurately describe the proposed
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project, identify and analyze each significant
environmental impact expected to result from the proposed
project, identify mitigation measures to reduce those
impacts to the extent feasible, and evaluate a range of
reasonable alternatives to the proposed project. Prior to
approving any project that has received environmental
review, an agency must make certain findings. If
mitigation measures are required or incorporated into a
project, the agency must adopt a reporting or monitoring
program to ensure compliance with those measures.
If a mitigation measure would cause one or more significant
effects in addition to those that would be caused by the
proposed project, the effects of the mitigation measure
must be discussed but in less detail than the significant
effects of the proposed project.
3) Clarifying procedures relating to provision of
environmental documents . CEQA requires notice regarding
certain matters, including the address where copies of the
draft EIR or negative declaration, and all documents
referenced in the draft EIR or negative declaration, are
available for review. The CEQA guidelines authorize public
agencies to charge and collect a reasonable fee for a copy
of an environmental document that does not exceed the
actual cost of reproducing a copy. (15045(b)).
AB 2565 adds this authority to CEQA and provides a definition
of "environmental document" that is similar to the
definition of that term in the CEQA guidelines (15361).
AB 2565 also allows the environmental document to be
provided in an electronic format in the same manner as
provided under the California Public Records Act.
SOURCE : San Francisco Public Utilities Commission
SUPPORT : Association of California Water Agencies, Bay
Area Air Quality Management District,
California Association of Sanitation Agencies,
California Special Districts Association,
Camarillo, East Bay Municipal Utility District,
Regional Council of Rural Counties, Santa
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Barbara
OPPOSITION : None on file