BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  SB 972
                                                                  Page  1

          Date of Hearing:   August 8, 2012

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                   SB 972 (Simitian) - As Amended:  April 9, 2012 

          Policy Committee:                             Natural 
          ResourcesVote:9-0

          Urgency:     No                   State Mandated Local Program: 
          Yes    Reimbursable:              No

           SUMMARY  

          This bill recasts and expands notification requirements under 
          the California Environmental Quality Act (CEQA) in minor ways.  
          Specifically, this bill:

          1)Adds a public agency that has filed a written request for 
            notice of a scoping meeting to the list of entities that a 
            lead agency must notify of such a meeting.

          2)Requires a notice of preparation of an environmental impact 
            report (EIR) 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 
            clearinghouse has received it.
           
          FISCAL EFFECT  

          Negligible state costs, if any.

           COMMENTS  

           1)Rationale.   The author contends this bill enables public 
            agencies to get notice of scoping meetings, the public to get 
            notices of completion, and a legislator to get a notice of 
            preparation.

           2)Background.   CEQA obligates public officials to consider the 
            environmental effects of their decisions.  The lead agency 
            that proposes to approve a project must conduct an initial 
            study to determine if the project may have significant, 
            adverse environmental effects.  If not, the lead agency issues 
            a negative declaration and, after a 30-day review period, 
            proceeds with its review and decision.  If the lead agency 
            finds minor effects that can be mitigated, it issues a 





                                                                  SB 972
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            mitigated negative declaration and then proceeds.  If the lead 
            agency finds that the effects of the project may be 
            significant, it prepares an environmental impact report (EIR), 
            a document that show public officials how to avoid or mitigate 
            the project's environmental effects.  

            EIR preparation begins when the lead agency sends notice to 
            other public agencies, soliciting advice on the EIR's scope.  
            If the project is of statewide, regional, or area-wide 
            significance, the lead agency holds a scoping meeting with the 
            other agencies.  The lead agency circulates its draft EIR and 
            invites public comments. After this public review, the lead 
            agency issues a final EIR that responds to the comments 
            received.  After certifying the final EIR, the lead agency 
            files notice to allow the project to proceed.  CEQA includes 
            various notification requirements to ensure the public is 
            aware of and able to participate in the CEQA process.

           Analysis Prepared by  :    Jay Dickenson / APPR. / (916) 319-2081