BILL ANALYSIS �
AB 209
SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
Senator S. Joseph Simitian, Chairman
2011-2012 Regular Session
BILL NO: AB 209
AUTHOR: Ammiano
AMENDED: March 31, 2011
FISCAL: Yes HEARING DATE: June 20, 2011
URGENCY: No CONSULTANT: Randy Pestor
SUBJECT : CALIFORNIA ENVIRONMENTAL QUALITY ACT
SUMMARY :
Existing law , under the California Environmental Quality Act
(CEQA), requires a lead agency preparing an environmental
impact report (EIR) or negative declaration to provide public
notice specifying the period during which comments will be
received on the draft EIR or negative declaration; the date,
time, and place of any public meetings or hearings on the
proposed project; a brief description of the proposed project
and its location; the significant effects on the environment,
if any, anticipated by the project; and the address where
copies of the draft EIR or negative declaration, and all
documents referenced in the draft EIR or negative declaration,
are available for review. (Public Resources Code �21092(b)).
This bill :
1) Requires the above public notice to also describe how the
draft EIR or negative declaration can be provided in an
electronic format.
2) Makes a clarifying and technical amendment.
COMMENTS :
1) Purpose of Bill . According to the author, "When notice is
provided under CEQA regarding the comment period and public
hearing information for a draft EIR or negative
declaration, as well as the address where these
environmental documents are available for review, the
public is still not aware how these environmental documents
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are provided in an electronic format. AB 209 ensures that
the public is provided information on how these
environmental documents can be obtained in an electronic
format."
2) Brief background on CEQA . 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 a significant effect on the
environment. If the initial study shows that there would
not be a significant effect on the environment, the lead
agency must prepare a negative declaration. If the initial
study shows that the project may have a significant effect
on the environment, the lead agency must prepare an EIR.
Generally, an EIR must accurately describe the proposed
project, identify and analyze each significant
environmental impact expected to result from 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.
If a mitigation measure would cause one or more significant
effects in addition to those that would be caused by the
proposed project, the effects of the mitigation measure
must be discussed but in less detail than the significant
effects of the proposed project.
3) Providing environmental documents in an electronic format .
Under CEQA, environmental documents must be submitted to
the State Clearinghouse for review and comment by state
agencies under certain conditions (e.g., state agency is a
lead, responsible or trustee agency; proposed project is of
sufficient statewide, regional, or areawide environmental
significance). A copy of the environmental document must
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also be provided in an electronic format. (Public
Resources Code �21082.1(c)(4)).
CEQA also authorizes a lead agency to charge and collect a
reasonable fee from a person proposing a project to recover
the estimated costs incurred by the lead agency to comply
with CEQA. (�21089(a)). AB 2565 (Ammiano) Chapter 210,
Statutes of 2010, also authorizes a public agency to charge
and collect a reasonable fee from the public for a copy of
an environmental document not to exceed the cost of
reproducing the environmental document, and to provide the
environmental document in an electronic format as provided
under the Public Records Act. (�21089(c)).
Because those preferring to review an environmental document
in an electronic format may not know how to access the
document in that format, AB 209 requires the CEQA notice
that provides certain information relating to environmental
documents to also describe how the draft EIR or negative
declaration can be provided in an electronic format.
SOURCE : Assembly Member Ammiano
SUPPORT : Association of California Water Agencies
East Bay Municipal Utility District
OPPOSITION : None on file