BILL NUMBER: SB 972 AMENDED
BILL TEXT
AMENDED IN SENATE MARCH 8, 2012
INTRODUCED BY Senator Simitian
JANUARY 18, 2012
An act to amend Section 21083.9 of
Sections 21083.9 and 21092.2 of, and to repeal Section 21162 of,
the Public Resources Code, relating to environmental quality.
LEGISLATIVE COUNSEL'S DIGEST
SB 972, as amended, Simitian. Environmental quality: California
Environmental Quality Act: scoping meeting and 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.
(1) Existing law
CEQA requires a lead agency to provide to, among
others, an organization or individual who has filed a written request
a notice of at least one scoping meeting for projects of statewide,
regional, or areawide significance.
This bill would additionally require the lead agency to provide
the above notice to an entity that has filed a written request for
the notice, thereby imposing a state-mandated local program.
(2) 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.
(3) CEQA 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 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.
(2)
(4) 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: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 21083.9 of the Public Resources Code is amended
to read:
21083.9. (a) Notwithstanding Section 21080.4, 21104, or 21153, a
lead agency shall call at least one scoping meeting for either of the
following:
(1) A proposed project that may affect highways or other
facilities under the jurisdiction of the Department of Transportation
if the meeting is requested by the department. The lead agency shall
call the scoping meeting as soon as possible, but not later than 30
days after receiving the request from the Department of
Transportation.
(2) A project of statewide, regional, or areawide significance.
(b) The lead agency shall provide notice of at least one scoping
meeting held pursuant to paragraph (2) of subdivision (a) to all of
the following:
(1) A county or city that borders on a county or city within which
the project is located, unless otherwise designated annually by
agreement between the lead agency and the county or city.
(2) A responsible agency.
(3) A public agency that has jurisdiction by law with respect to
the project.
(4) A transportation planning agency or public agency required to
be consulted pursuant to Section 21092.4.
(5) An entity, organization, or individual who has filed a written
request for the notice.
(c) For an entity, organization, or individual that is required to
be provided notice of a lead agency public meeting, the requirement
for notice of a scoping meeting pursuant to subdivision (b) may be
met by including the notice of a scoping meeting in the public
meeting notice.
(d) A scoping meeting that is held in the city or county within
which the project is located pursuant to the federal National
Environmental Policy Act of 1969 (42 U.S.C. Sec. 4321 et seq.) and
the regulations adopted pursuant to that act shall be deemed to
satisfy the requirement that a scoping meeting be held for a project
subject to paragraph (2) of subdivision (a) if the lead agency meets
the notice requirements of subdivision (b) or subdivision (c).
(e) The referral of a proposed action to adopt or substantially
amend a general plan to a city or county pursuant to paragraph (1) of
subdivision (a) of Section 65352 of the Government Code may be
conducted concurrently with the scoping meeting required pursuant to
this section, and the city or county may submit its comments as
provided pursuant to subdivision (b) of that section at the scoping
meeting.
SEC. 2. 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. 3. 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. 2. SEC. 4. 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.