BILL ANALYSIS �
AB 209
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Date of Hearing: April 25, 2011
ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Wesley Chesbro, Chair
AB 209 (Ammiano) - As Amended: March 31, 2011
SUBJECT : Environment: CEQA: lead agency: documents
SUMMARY : Requires a lead agency that is preparing an
environmental impact report (EIR) or negative declaration (ND)
to include in the public notice regarding the preparation of the
document a description of how the draft EIR or ND can be
provided in an electronic format.
EXISTING LAW :
1)Requires state and local agencies, pursuant to California
Environmental Quality Act (CEQA), to identify the significant
environmental impacts of discretionary projects and to avoid
or mitigate those impacts, if feasible.
2)Requires a lead agency carrying out or approving a proposed
discretionary project to prepare an environmental document,
such as an EIR or ND.
3)Requires a lead state agency that is preparing an EIR or ND to
provide public notice of that fact within a reasonable period
of time prior to certification of the EIR or ND. Requires the
notice to specify information regarding the draft EIR or ND,
including the address where copies of the draft EIR or ND are
available for review.
THIS BILL : Requires that the lead agency's public notice
regarding the preparation of the EIR or ND include a description
of how the draft EIR or ND can be provided in an electronic
format.
FISCAL EFFECT : Unknown
COMMENTS : Many of CEQA's requirements were enacted long before
computer and internet use became common. The state has
gradually incorporated the use of electronic information in the
CEQA process. For example, since April 2003, the State
Clearinghouse within the Governor's Office of Planning and
Research, which coordinates the state-level review of
AB 209
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environmental documents pursuant to CEQA, has distributed EIRs
in CD-ROM format for state agency review and comment. Based on
positive survey results and the cost savings to local and state
agencies-CD-ROMs eliminate much of the printing and distribution
costs associated with EIRs-the State Clearinghouse now offers
most other environmental documents in electronic format.
The bill would require a lead agency to provide the public with
a description of how to obtain a draft EIR or ND in electronic
format. According to the author, this requirement would reduce
the use of paper since EIRs can be upward of several thousand
pages. The author and the committee may wish to consider an
amendment that also requires the lead agency to include in the
notice an internet address to the EIR or ND if the document is
available on the internet.
REGISTERED SUPPORT / OPPOSITION :
Support
Association of California Water Agencies
Opposition
None on file
Analysis Prepared by : Mario DeBernardo / NAT. RES. / (916)
319-2092