BILL NUMBER: AB 2446 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 29, 2012
INTRODUCED BY Assembly Member Perea
FEBRUARY 24, 2012
An act to amend Section 5096.689 of the Public Resources
Code, relating to parks and recreation. An act to
amend Section 21092.2 of, and to repeal Section 21162 of, the Public
Resources Code, relating to environmental quality.
LEGISLATIVE COUNSEL'S DIGEST
AB 2446, as amended, Perea. Parks and recreation: grants:
water conservation measures. Environmental quality:
notices.
(1) The California Environmental Quality Act (CEQA) requires a
lead agency, as defined, to prepare, or cause to be prepared, and
certify the completion of, an environmental impact report (EIR) on a
project that it proposes to carry out or approve that may have a
significant effect on the environment or to adopt a negative
declaration if it finds that the project will not have that effect.
CEQA also requires a lead agency to prepare a mitigated negative
declaration for a project that may have a significant effect on the
environment if revisions in the project would avoid or mitigate that
effect and there is no substantial evidence that the project, as
revised, would have a significant effect on the environment.
CEQA requires a lead agency to provide specified notices,
including among others, a notice determining the necessity for an
EIR, to be mailed to every person who has filed a written request for
notices. CEQA requires the notice of completion of an EIR be
provided, upon request, by the State Clearinghouse to a legislator in
whose district the project has an environmental impact if the State
Clearinghouse has received the notice.
This bill would additionally require the lead agency to provide a
notice of completion of an EIR to every person who has filed a
written request for notices, thereby imposing a state-mandated local
program. The bill would additionally require the State Clearinghouse
to provide, upon request, to the legislator a notice determining the
necessity for an EIR.
(2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Existing law requires criteria and procedures adopted by the
department for evaluating applications for certain grants made
available relating to the development of neighborhood, community, and
regional parks and recreation lands and facilities in urban and
rural areas, to include recommendations that the grant applicant
consider water conservation measures in their proposed project.
This bill would make technical, nonsubstantive changes to that
law.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no
yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 21092.2 of the
Public Resources Code is amended to read:
21092.2. (a) The notices required pursuant
to Sections 21080.4, 21083.9, 21092, 21108, and
21152 , and 21161 shall be mailed to every person who has
filed a written request for notices with either the clerk of the
governing body or, if there is no governing body, the director of the
public agency. If the public agency offers to
provide the notices by e-mail, upon filing a written request for
notices, a person may request that the notices be provided to him or
her by e-mail. The request may also be filed with any other person
designated by the governing body or director to receive these
requests. The public agency may require requests for
notices to be annually renewed. The public agency may charge a fee,
except to other public agencies, that is reasonably related to the
costs of providing this service. This section may not be
construed in any manner that results in the invalidation of an action
because of the failure of a person to receive a requested notice,
provided that there has been substantial compliance with the
requirements of this section.
(b) The notices required pursuant to Sections 21080.4 and 21161
shall be provided by the State Clearinghouse to a legislator in whose
district the project has an environmental impact if the legislator
requests the notice and the State Clearinghouse has received it.
(c) This section does not, in any manner, result in the
invalidation of an action because of the failure of a person to
receive a requested notice if there has been substantial compliance
with the requirements of this section.
SEC. 2. Section 21162 of the Public
Resources Code is repealed.
21162. A copy of the notice of completion of an environmental
impact report on a project shall be provided, by the State
Clearinghouse, to any legislator in whose district the project has an
environmental impact, if the legislator requests the notice and the
State Clearinghouse has received it.
SEC. 3. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because a local agency or school district has the
authority to levy service charges, fees, or assessments sufficient to
pay for the program or level of service mandated by this act, within
the meaning of Section 17556 of the Government Code.
SECTION 1. Section 5096.689 of the Public
Resources Code is amended to read:
5096.689. Procedures and criteria adopted by the department for
evaluating applications for grants made available pursuant to
subdivisions (a), (b), and (c) of Section 5096.620 for the
development of neighborhood, community, and regional parks and
recreation lands and facilities in urban and rural areas shall
include recommendations that grant applicants consider the
implementation or installation of water conservation measures as part
of their proposed project. The department shall develop those
recommendations in consultation with the Department of Water
Resources.