BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 1464
                                                                  Page  1

          Date of Hearing:  June 21, 2010

                       ASSEMBLY COMMITTEE ON NATURAL RESOURCES
                                Wesley Chesbro, Chair
                   SB 1464 (Simitian) - As Amended:  March 24, 2010

           SENATE VOTE  :  35-0
           
          SUBJECT  :  California Environmental Quality Act (CEQA) scoping  
          procedures

           SUMMARY  :  Authorizes referral of a proposed action to adopt or  
          substantially amend a general plan to an adjacent city or county  
          to be conducted concurrently with the scoping meeting required  
          by CEQA for a project of statewide, regional or area-wide  
          significance, and authorizes the city or county to submit its  
          comments on the proposed general plan action at the CEQA scoping  
          meeting.

           EXISTING LAW  :

          1) Under CEQA:

             a)    Requires lead agencies with the principal  
                responsibility for carrying out or approving a proposed  
                discretionary project to prepare a negative declaration,  
                mitigated negative declaration, or environmental impact  
                report (EIR) for this action, unless the project is exempt  
                from CEQA.

             b)    Requires a lead agency to call at least one scoping  
                meeting for a proposed 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 Planning and Zoning Law, 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.

           FISCAL EFFECT  :  Non-fiscal








                                                                  SB 1464
                                                                  Page  2


           COMMENTS  :

          According to the CEQA guidelines, early consultation "solves  
          many potential problems that would arise in more serious forms  
          later in the review process."  The guidelines also provide that  
          scoping "has been helpful to agencies in identifying the range  
          of actions, alternatives, mitigation measures, and significant  
          effects to be analyzed in depth in an EIR and in eliminating  
          from detailed study issues found not to be important."  The  
          guidelines further note that scoping "has been found to be an  
          effective way to bring together and resolve the concerns of  
          affected federal, state, and local agencies, the proponent of  
          the action, and other interested persons including those who  
          might not be in accord with the action on environmental  
          grounds."

          SB 1464 revises the 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.

          According to the author, "SB 1464 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."

           REGISTERED SUPPORT / OPPOSITION  :

           Support 
           
          None on file
           
            Opposition 
           
          None on file


           Analysis Prepared by  :  Lawrence Lingbloom / NAT. RES. / (916)  
          319-2092