BILL NUMBER: SB 683	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JANUARY 4, 2012

INTRODUCED BY   Senator Correa

                        FEBRUARY 18, 2011

   An act to  amend Section 21177 of the Public Resources
Code, relating to the environment   add Section 7574 to
the Government Code, relating to children's services  .


	LEGISLATIVE COUNSEL'S DIGEST


   SB 683, as amended, Correa.  Environment: California
Environmental Quality Act: noncompliance allegations: public comment.
  Early intervention services: assessments.  
   Existing law, the California Early Intervention Services Act, is
administered jointly by the Secretary of the California Health and
Human Services Agency and the Superintendent of Public Instruction,
with the State Department of Developmental Services as the lead
agency responsible for administration and coordination of the
statewide system of services for the enhancement of the development
of children who have disabilities or who are at risk of having
disabilities and to minimize the potential for delays in their
development. Under existing law, these provisions are in effect only
until the state terminates its participation in prescribed components
of the federal Individuals with Disabilities Education Act. 

   This bill would require the secretary and the Superintendent of
Public Instruction to, among other things, require the use of an
interagency electronic integrated assessment for these purposes. The
bill would also establish the Special Children's Electronic
Integrated Assessment Instrument Fund in the State Treasury to be
made available, upon appropriation, for the implementation of this
bill. The bill would require the Director of Finance to file a
prescribed notice if sufficient moneys are available in the fund to
implement the bill.  
   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 provides for a
public review period for the public to review a draft EIR, proposed
negative declaration, or proposed mitigated negative declaration.
CEQA requires a lead agency to evaluate and respond to comments on a
draft EIR, proposed negative declaration, or proposed mitigated
negative declaration made during the public review period and
authorizes a lead agency to evaluate and respond to comments made on
a draft EIR when the comments are submitted after the public review
period. CEQA requires an action or proceeding alleging noncompliance
with its requirements to be based on grounds that were presented to
the public agency orally or in writing by any person unless the
person objected to the approval of the project orally or in writing,
during the public comment period provided under CEQA or prior to the
close of the public hearing on the project before the issuance of the
notice of determination.  
   This bill instead would prohibit these actions or proceedings
unless the oral or written presentation or objection occurs during
the public comment period provided under CEQA or prior to the close
of the public hearing on the project before the filing, rather than
issuance, of the notice of determination. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 7574 is added to the  
Government Code   , to read:  
   7574.  (a) The Legislature finds and declares all of the
following:
   (1) Children receiving special education and related services are
often clients of a regional center and of the California Children's
Services program, and recipients of county health or mental health
services, as well as the beneficiary of private, commercial, or other
nongovernment insurance.
   (2) Each organization that provides these services may require
separate assessments annually and may require parents to provide the
same information multiple times on separate required forms.
   (3) Multiple assessments can be a burden on families and children
who must find the time and resources to travel to several different
locations each year for multiple assessments.
   (b) With the goal of finding ways to consolidate assessments and
the attendant paperwork, the Secretary of the California Health and
Human Services Agency and the Superintendent of Public Instruction,
or their designees, shall do all of the following:
   (1) Require the use of an interagency electronic integrated
assessment instrument (EIAI) by all authorized, qualified personnel
of the state and local agencies that provide services, the treating
therapists, physicians, service providers, governmental employees,
nonpublic agencies, and other qualified private health practitioners
and education professionals, when conducting an assessment.
   (2) Ensure that authorization for access to the child's medical
records contained on the EIAI is with the consent of the parents or
other legal guardian, or by the adult consumer, and in conformance
with federal Health Insurance Portability and Accountability Act
laws.
   (3) Implement a process whereby all of the following occur:
   (A) A comprehensive assessment is completed at least annually to
meet the needs of every agency that is required to conduct an
assessment.
   (B) The comprehensive assessment is completed by a qualified
health practitioner or education professional of each relevant
discipline.
   (C) The comprehensive assessment findings are input and stored in
the EIAI for access by all authorized persons.
   (4) Coordinate the agencies responsible for providing services to
children with disabilities in utilizing the EIAI and prorate each
share of the costs of the special needs assessment among the
governmental and private agencies responsible for the assessment in
accordance with the agency's percentage of responsibility for the
assessment, and any applicable private insurance carriers of the
child.
   (5) Further the maximum utilization of all state and federal
resources available to provide a child with a disability a free,
appropriate public education and related services by limiting
assessments, at the discretion of the parent, to one annual
interagency assessment per relevant discipline, in lieu of requiring
a duplication of assessments within the same discipline.
   (c) (1) There is hereby created the Special Children's Electronic
Integrated Assessment Instrument ("EIAI")Fund in the State Treasury.
   (2) The fund shall contain donations that have been collected and
deposited for the purposes of this section, as well as any federal
funds made available for purposes of this section. Notwithstanding
Section 16305.7, the fund shall also contain any interest and
dividends earned on moneys in the fund. No state funds shall be used
to implement subdivision (b) of this section.
   (3) Subject to paragraph (4), moneys in the Special Children's
EIAI Fund shall be available, upon appropriation by the Legislature,
for implementation of subdivision (b) of this section.
   (4) No moneys shall be expended from the fund until the Director
of Finance determines that sufficient moneys are in the fund to
implement subdivision (b) of this section. If sufficient moneys are
in the fund, the Director of Finance shall file a written notice
thereof with the Secretary of State. Subdivision (b) shall not be
implemented until moneys in the fund are appropriated for purposes of
this section.  
  SECTION 1.    Section 21177 of the Public
Resources Code, as amended by Section 11 of Chapter 496 of the
Statutes of 2010, is amended to read:
   21177.  (a) An action or proceeding shall not be brought pursuant
to Section 21167 unless the alleged grounds for noncompliance with
this division were presented to the public agency orally or in
writing by any person during the public comment period provided by
this division or prior to the close of the public hearing on the
project before the filing of the notice of determination pursuant to
Sections 21108 and 21152.
   (b) A person shall not maintain an action or proceeding unless
that person objected to the approval of the project orally or in
writing during the public comment period provided by this division or
prior to the close of the public hearing on the project before the
filing of the notice of determination pursuant to Sections 21108 and
21152.
   (c) This section does not preclude any organization formed after
the approval of a project from maintaining an action pursuant to
Section 21167 if a member of that organization has complied with
subdivisions (a) and (b). The grounds for noncompliance may have been
presented directly by a member or by a member agreeing with or
supporting the comments of another person.
   (d) This section does not apply to the Attorney General.
   (e) This section does not apply to any alleged grounds for
noncompliance with this division for which there was no public
hearing or other opportunity for members of the public to raise those
objections orally or in writing prior to the approval of the
project, or if the public agency failed to give the notice required
by law.
   (f) This section shall remain in effect only until January 1,
2016, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2016, deletes or extends
that date.  
  SEC. 2.    Section 21177 of the Public Resources
Code, as added by Section 12 of Chapter 496 of the Statutes of 2010,
is amended to read:
   21177.  (a) An action or proceeding shall not be brought pursuant
to Section 21167 unless the alleged grounds for noncompliance with
this division were presented to the public agency orally or in
writing by any person during the public comment period provided by
this division or prior to the close of the public hearing on the
project before the filing of the notice of determination pursuant to
Sections 21108 and 21152.
   (b) A person shall not maintain an action or proceeding unless
that person objected to the approval of the project orally or in
writing during the public comment period provided by this division or
prior to the close of the public hearing on the project before the
filing of notice of determination pursuant to Sections 21108 and
21152.
   (c) This section does not preclude any organization formed after
the approval of a project from maintaining an action pursuant to
Section 21167 if a member of that organization has complied with
subdivision (b).
   (d) This section does not apply to the Attorney General.
   (e) This section does not apply to any alleged grounds for
noncompliance with this division for which there was no public
hearing or other opportunity for members of the public to raise those
objections orally or in writing prior to the approval of the
project, or if the public agency failed to give the notice required
by law.
   (f) This section shall become operative on January 1, 2016.