BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 1464|
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CONSENT
Bill No: SB 1464
Author: Simitian (D)
Amended: 3/24/10
Vote: 21
SENATE ENV. QUALITY COMMITTEE : 7-0, 4/19/10
AYES: Simitian, Runner, Corbett, Hancock, Lowenthal,
Pavley, Strickland
SUBJECT : Land Use planning
SOURCE : Author
DIGEST : This bill revises the California Environmental
Quality Act (CEQA) scoping process to enable the referral
of a proposed action to adopt or substantially amend a
general plan to a city or county, as required under
Planning and Zoning Law, to be conducted concurrently with
the scoping meeting under CEQA. This bill also authorizes
the city or county to submit its comments at the scoping
meeting.
ANALYSIS :
Existing law
1. Under the California Environmental Quality Act (CEQA):
A. Requires lead agencies with the principal
responsibility for carrying out or approving a
CONTINUED
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proposed discretionary 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).
B. 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 area-wide
significance. Notice of at least one scoping
meeting must be provided to certain entities,
including a county or city bordering a county or
city within which the project is located.
2. Under the Planning and Zoning Law:
A. Requires a planning agency to refer a proposed
action to adopt or substantially amend a general
plan to certain entities for comment, including a
city or county within or abutting the area covered
by the proposal, prior to legislative body's action
on that general plan.
B. Establishes procedures for interagency referrals
of certain matters, including the adoption or
amendment of a general plan or zoning ordinance.
This bill:
1. Under CEQA, revises the scoping procedures by
authorizing referral of a proposed action to adopt or
substantially amend a general plan to a city or county
under Government Code Section 65352 to be conducted
concurrently with the scoping meeting, and authorizes
the city or county to submit its comments at the scoping
meeting.
2. Under the Planning and Zoning Law, makes a technical and
clarifying amendment to the interagency referral
procedures under Government Code Section 65919.10.
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Comments
According to the author's office, this bill streamlines the
CEQA process for adopting or amending a general plan by
allowing the general plan interagency referral process
under Planning and Zoning Law to occur during the CEQA
scoping process. This should also improve the planning and
environmental review process so comments and responses can
occur at the same meeting.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
TSM:do 4/21/10 Senate Floor Analyses
SUPPORT/OPPOSITION: NONE RECEIVED
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