BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                   SB 686|
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                                    CONSENT


          Bill No:  SB 686
          Author:   DeSaulnier (D)
          Amended:  As introduced
          Vote:     21

           
           SENATE ENV. QUALITY COMMITTEE  :  7-0, 4/20/09
          AYES:  Simitian, Runner, Ashburn, Corbett, Hancock,  
            Lowenthal, Pavley


           SUBJECT  :    California Environmental Quality Act

           SOURCE  :     Author


           DIGEST  :    This bill clarifies that the Office of Planning  
          and Research review of each request to add or delete a  
          class of exempt projects under the California Environmental  
          Quality Act, and submittal of the request to the Secretary  
          of the Natural Resource Agency, must also be in accordance  
          with 21083 and 21084 of the Public Resources Code and  
          changes references from the "Resources Agency" to the  
          "Natural Resources Agency."

           ANALYSIS  :    The California Environmental Quality Act  
          (CEQA) contains provisions relating to preparation and  
          revision of the CEQA guidelines (21083) and adding an  
          exempt project to the guidelines (21084).  CEQA also  
          authorizes a public agency to request adding or deleting  
          such a categorical exemption. A guidelines amendment  
          regarding such a request must be adopted in accordance with  
          those provisions. This bill clarifies that the Office of  
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          Planning and Research's review and recommendation of such a  
          request must similarly be in accordance with those  
          provisions.  This bill also appropriately references the  
          Natural Resources Agency, rather than the Resources Agency.

           Background
           
          According to the Senate Environmental Quality Committee,  
          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 s  
          significant effect on the environment.  If the initial  
          study shows that there is not a significant effect on the  
          environment, the lead agency must prepare a negative  
          declaration.  If the initial study show that the project  
          there will be a significant effect on the environment, the  
          lead agency must prepare an Environmental Impact Report  
          (EIR).  Generally, an EIR must accurately describe the  
          proposes project, identify and analyze each significant  
          environmental impact expected to result form 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.  

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  No    
          Local:  No

          DLW:do  4/22/09   Senate Floor Analyses 

                       SUPPORT/OPPOSITION:  NONE RECEIVED

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