BILL ANALYSIS �
SB 226
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Date of Hearing: June 22, 2011
ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT
Cameron Smyth, Chair
SB 226 (Simitian) - As Introduced: February 9, 2011
SENATE VOTE : 36-0
SUBJECT : Land use planning.
SUMMARY : Authorizes the referral of a proposed action to adopt
or substantially amend a general plan to a city or county within
or abutting the area covered by the proposal by a planning
agency prior to action by a legislative body to adopt or amend
the general plan to be conducted concurrently with the scoping
meeting. Specifically, this bill :
1)Revises the scoping procedures, under the California
Environmental Quality Act (CEQA) by authorizing referral of a
proposed action to adopt or substantially amend a general plan
to a city or county to be conducted concurrently with the
scoping meeting, and authorizes the city or county to submit
its comments at the scoping meeting.
2)Makes a technical and clarifying amendment to the interagency
referral procedures under Planning and Zoning Law.
3)Contains an urgency clause.
EXISTING LAW :
1)Requires, under CEQA, lead agencies with the principal
responsibility for carrying out or approving a 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).
2)Requires each planning agency to prepare and the legislative
body of each county and city adopt a comprehensive, long-term
general plan for the physical development of the county or
city, and of any land outside its boundaries which in the
planning agency's judgment bears relation to its planning.
SB 226
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FISCAL EFFECT : Unknown
COMMENTS :
1) According to 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 226 revises the CEQA scoping process to allow 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.
2) Support arguments: Supporters may argue that SB 226
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.
Opposition arguments: None at this time.
3) This bill was heard by the Natural Resources Committee on
June 13, 2011, and passed with a 9-0 vote.
REGISTERED SUPPORT / OPPOSITION :
Support
None on file
Opposition
SB 226
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None on file
Analysis Prepared by : Katie Kolitsos / L. GOV. / (916)
319-3958