BILL ANALYSIS �
SB 683
SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
Senator S. Joseph Simitian, Chairman
2011-2012 Regular Session
BILL NO: SB 683
AUTHOR: Correa
AMENDED: As introduced
FISCAL: No HEARING DATE: April 4, 2011
URGENCY: No CONSULTANT: Randy Pestor
SUBJECT : CALIFORNIA ENVIRONMENTAL QUALITY ACT
SUMMARY :
Existing law , under the California Environmental Quality Act
(CEQA), prohibits an action from being brought on alleged
grounds of noncompliance with CEQA unless the alleged grounds
for noncompliance were presented to the public agency orally
or in writing by any person during the public comment period
or prior to the close of the public hearing on the project
before issuance of the notice of determination (NOD). (Public
Resources Code �21177(a)).
This bill provides that the time period prior to the close of
the public hearing on the project is before filing (rather
than issuance) of the NOD, and provides a reference to
requirements for state and local agencies to file the NOD.
COMMENTS :
1) Purpose of Bill . Since a person is prohibited from
bringing an action on alleged grounds of noncompliance with
CEQA unless the alleged grounds were presented during the
public comment period or prior to the close of the public
hearing, this bill clarifies that the closure point is when
the public hearing is prior to the NOD being filed, rather
than the NOD being issued. This bill provides further
clarification by providing a cross-reference to the two
provisions of CEQA outlining requirements for state and
local agencies to file a NOD.
A lead agency must file a NOD after deciding to carry out or
approve a project. A state agency files the NOD with the
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Office of Planning and Research (OPR); a local agency files
the NOD with the county clerk. If the project requires
discretionary approval from any state agency, the local
agency must also file the NOD with OPR.
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) Trying again . This bill is similar to SB 476 (Correa) of
2009 (June 22, 2009 Assembly Natural Resources Committee
hearing postponed by Committee).
SOURCE : Senator Correa
SUPPORT : None on file
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OPPOSITION : None on file