BILL ANALYSIS �
SB 226
Page 1
SENATE THIRD READING
SB 226 (Simitian)
As Introduced February 9, 2011
2/3 vote. Urgency
SENATE VOTE :36-0
NATURAL RESOURCES 9-0 LOCAL GOVERNMENT 9-0
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|Ayes:|Chesbro, Knight, |Ayes:|Smyth, Skinner, Bradford |
| |Brownley, Dickinson, | |Campos, Davis, Gordon, |
| |Grove, Halderman, | |Hueso, Knight, Norby |
| |Huffman, Monning, Skinner | | |
|-----+--------------------------+-----+--------------------------|
| | | | |
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APPROPRIATIONS 16-0
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|Ayes:|Fuentes, Harkey, | | |
| |Blumenfield, Bradford, | | |
| |Charles Calderon, Campos, | | |
| |Donnelly, Gatto, Hall, | | |
| |Hill, Lara, Mitchell, | | |
| |Nielsen, Norby, Solorio, | | |
| |Wagner | | |
|-----+--------------------------+-----+--------------------------|
| | | | |
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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 the California Environmental Quality Act (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. Contains an
urgency clause, allowing this bill to take effect immediately
upon enactment.
EXISTING LAW :
1)Under CEQA:
SB 226
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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;
and,
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 : According to the Assembly Appropriations
Committee, negligible state costs, if any.
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."
This bill 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.
SB 226
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According to the author, "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."
Analysis Prepared by : Lawrence Lingbloom / NAT. RES. / (916)
319-2092
FN: 0001612