California Senate Bill SB880 Amended / Bill

 BILL NUMBER: SB 880AMENDED 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.