SB 880 Senate Bill

BILL NUMBER: SB 880	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MARCH 21, 2011

INTRODUCED BY   Senator Corbett

                        FEBRUARY 18, 2011

   An act to amend Section  21162   21092.2 of,
and to repeal Section 21162 of,  of the Public Resources Code,
relating to environmental quality.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 880, as amended, Corbett. Environmental quality: environmental
impact report: notice of completion. 
    (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 requires that notices regarding a lead agency determination
to require an EIR or other actions taken pursuant to that act be
mailed to every person who files a written request.  
   This bill would additionally require a notice of completion of an
EIR by a public agency to be mailed upon request, thereby imposing a
state-mandated local program by imposing new duties upon local
agencies. 
   (2) The California Environmental Quality Act requires the State
Clearinghouse to provide to a legislator in whose district a project
has an environmental impact the notice of completion of an EIR on the
project if the legislator requests the notice and the State
Clearinghouse has received the notice.
   This bill would  make technical, nonsubstantive changes to
that provision   instead require the state
clearinghouse to provide a notice of a determination by a lead agency
that an EIR is required for a project and a notice of completion of
an EIR by a public agency if the legislator requests the notice and
the State Clearinghouse has received the requested notice  .

   (3) 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. 
   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
agency. If the 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 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

    (b)     Subdivision (a) shall 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   if  there has been
substantial compliance with the requirements of this section. 
   (c) The notices required pursuant to Sections 21080.4 and 21161
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. 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 21162 of the Public
Resources Code is amended to read:
   21162.  A copy of the notice of completion of an environmental
impact report on a project 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.