BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



           ------------------------------------------------------------ 
          |SENATE RULES COMMITTEE            |                  SB 1464|
          |Office of Senate Floor Analyses   |                         |
          |1020 N Street, Suite 524          |                         |
          |(916) 651-1520         Fax: (916) |                         |
          |327-4478                          |                         |
           ------------------------------------------------------------ 
           
                                         
                                    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





                                                               SB 1464
                                                                Page  
          2

                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.







                                                               SB 1464
                                                                Page  
          3


           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

                                ****  END  ****