SB 80: California Environmental Quality Act: notices.

(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 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 also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. The act requires the lead agency to mail certain notices to persons who have filed a written request for notices. The act provides that if the agency offers to provide the notices by email, upon filing a written request for notices, a person may request that the notices be provided to him or her by email.

This bill would require the lead agency to post those notices on the agencys Internet Web site. The bill would require the agency to offer to provide those notices by email. Because this bill would increase the level of service provided by a local agency, this bill would impose a state-mandated local program.

(2)CEQA requires that certain notices regarding an environmental impact report be posted for a period of 30 days in the office of the county clerk of each county in which the project will be located. CEQA specifies that notices regarding a negative declaration be posted for a period of 20 days unless otherwise specified.

This bill would require the county clerk to post the notices regarding an environmental impact report or a negative declaration on the countys Internet Web site. Because the bill would require a county clerk to post those notices on the countys Internet Web site, this bill would impose a state-mandated local program.

(3)CEQA exempts certain projects from its requirements. CEQA also requires the Office of Planning and Research to develop guidelines for the implementation of CEQA to exempt classes of projects that have been determined not to have a significant effect on the environment. If a lead agency determines that the project is not subject to the requirements of CEQA and the agency approves or determines to carry out the project, CEQA authorizes the lead agency or certain persons to file a notice of the determination, as specified.

This bill would require the filing of the notice if the lead agency determines that a project falls within a class of projects that is exempted from the requirements of CEQA by the guidelines. Because the bill would increase the duties of a local agency, this bill would impose a state-mandated local program.

(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.