Bill Text: CA AB380 | 2013-2014 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Spill response for railroads.
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Passed) 2014-09-25 - Chaptered by Secretary of State - Chapter 533, Statutes of 2014. [AB380 Detail]
Download: California-2013-AB380-Introduced.html
Bill Title: Spill response for railroads.
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Passed) 2014-09-25 - Chaptered by Secretary of State - Chapter 533, Statutes of 2014. [AB380 Detail]
Download: California-2013-AB380-Introduced.html
BILL NUMBER: AB 380 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Dickinson
FEBRUARY 14, 2013
An act to amend Sections 21080.5, 21083.9, 21092, 21092.2,
21092.3, 21108, 21152, and 21161 of the Public Resources Code,
relating to the California Environmental Quality Act.
LEGISLATIVE COUNSEL'S DIGEST
AB 380, as introduced, Dickinson. California Environmental Quality
Act: notice requirements
(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 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.
CEQA authorizes the Secretary of the Natural Resources Agency to
certify a regulatory program that meets specified requirements. CEQA
provides that written documentation required by those certified
regulatory programs may be submitted in lieu of an EIR. CEQA requires
an administering agency to file with the secretary a notice of
decision made pursuant to the certified regulatory program, which is
required to be available for public inspection. CEQA requires a lead
agency to call a scoping meeting for specified projects and provide a
notice of the meeting to specified entities. CEQA requires the lead
agency or a project proponent to file a notice of approval or
determination with Office of Planning and Research if the lead agency
is a state agency or the county clerk if the lead agency is a local
agency. CEQA requires a public agency that has completed an EIR to
file with the Office of Planning and Research a notice of completion.
CEQA requires a lead agency determining that an EIR is required
for a project to send a notice of that determination to specified
public agencies. CEQA requires a lead agency preparing an EIR, a
negative declaration, or making a specified determination regarding a
subsequent project to provide a public notice within a reasonable
time period before the certification of the EIR, or the adoption of a
negative declaration, or making the specified determination. CEQA
requires those notices to be posted in the office of the county clerk
in each county in which the project is located and requires the
notices to remain posted for 30 days. CEQA requires the county clerk
to post the notice within 24 hours of receipt.
This bill would additionally require the above mentioned notices
to be filed with both the Office of Planning and Research and the
county clerk and be posted by county clerk for public review. The
bill would require the county clerk to post the notices within one
business day, as defined, of receipt and stamp on the notice the date
on which the notices were actually posted. By expanding the services
provided by the lead agency and the county clerk, this bill would
impose a state-mandated local program. The bill would require the
county clerk to post the notices for at least 30 days. The bill would
require the Office of Planning and Research to post the notices on a
publicly available online database established and maintained by the
office. The bill would require the office to stamp the notices with
the date on which the notices were actually posted for online review
and would require the notices to be posted for at least 30 days. The
bill would authorize the office to charge an administrative fee not
to exceed $10 per notice filed. The bill would specify that a time
period or limitation periods specified by CEQA does not commence
until the notices are actually posted for public review by the county
clerk or is available in the online database, whichever is later.
The bill would require the notice of determination to be filed solely
by the lead agency.
(2) CEQA authorizes, for a project that is determined by a state
agency to be exempted from the requirements of CEQA, a state agency
or a project proponent to file a notice of determination with the
Office of Planning and Research. CEQA authorizes, for a project that
is determined by a local agency to be exempted from the requirements
of CEQA, a local agency or a project proponent to file a notice of
determination with the county clerk of the county in which the
project is located.
This bill would require that notice of determination be filed with
both the Office of Planning and Research and the county clerk. By
requiring a county clerk to receive and post that notice of
determination filed by a state agency, this bill would impose a
state-mandated local program. The bill would provide that notice of
determination be filed by the lead agency only.
(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: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 21080.5 of the Public Resources Code is amended
to read:
21080.5. (a) Except as provided in Section 21158.1, when the
regulatory program of a state agency requires a plan or other written
documentation containing environmental information and complying
with paragraph (3) of subdivision (d) to be submitted in support of
an activity listed in subdivision (b), the plan or other written
documentation may be submitted in lieu of the environmental impact
report required by this division if the Secretary of the Natural
Resources Agency has certified the regulatory program pursuant
to this section.
(b) This section applies only to regulatory programs or portions
thereof that involve either of the following:
(1) The issuance to a person of a lease, permit, license,
certificate, or other entitlement for use.
(2) The adoption or approval of standards, rules, regulations, or
plans for use in the regulatory program.
(c) A regulatory program certified pursuant to this section is
exempt from Chapter 3 (commencing with Section 21100), Chapter 4
(commencing with Section 21150), and Section 21167, except as
provided in Article 2 (commencing with Section 21157) of Chapter 4.5.
(d) To qualify for certification pursuant to this section, a
regulatory program shall require the utilization of an
interdisciplinary approach that will ensure the integrated use of the
natural and social sciences in decisionmaking and that shall meet
all of the following criteria:
(1) The enabling legislation of the regulatory program does both
of the following:
(A) Includes protection of the environment among its principal
purposes.
(B) Contains authority for the administering agency to adopt rules
and regulations for the protection of the environment, guided by
standards set forth in the enabling legislation.
(2) The rules and regulations adopted by the administering agency
for the regulatory program do all of the following:
(A) Require that an activity will not be approved or adopted as
proposed if there are feasible alternatives or feasible mitigation
measures available that would substantially lessen a significant
adverse effect that the activity may have on the environment.
(B) Include guidelines for the orderly evaluation of proposed
activities and the preparation of the plan or other written
documentation in a manner consistent with the environmental
protection purposes of the regulatory program.
(C) Require the administering agency to consult with all public
agencies that have jurisdiction, by law, with respect to the proposed
activity.
(D) Require that final action on the proposed activity include the
written responses of the issuing authority to significant
environmental points raised during the evaluation process.
(E) Require the filing of a notice of the decision by the
administering agency on the proposed activity with the
Secretary of the Resources Agency. Those notices shall be available
for public inspection, and a list of the notices shall be posted on a
weekly basis in the Office of the Resources Agency. Each list shall
remain posted for a period of 30 days pursuant to
Section 21092.3 .
(F) Require notice of the filing of the plan or other written
documentation to be posted pursuant to Section 21092.3 and
made to the public and to a person who requests, in writing,
notification. The notification shall be made in a manner that will
provide the public or a person requesting notification with
sufficient time to review and comment on the filing.
(3) The plan or other written documentation required by the
regulatory program does both of the following:
(A) Includes a description of the proposed activity with
alternatives to the activity, and mitigation measures to minimize any
significant adverse effect on the environment of the activity.
(B) Is available for a reasonable time for review and comment by
other public agencies and the general public.
(e) (1) The Secretary of the Natural Resources Agency
shall certify a regulatory program that the secretary determines
meets all the qualifications for certification set forth in this
section, and withdraw certification on determination that the
regulatory program has been altered so that it no longer meets those
qualifications. Certification and withdrawal of certification shall
occur only after compliance with Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code.
(2) In determining whether or not a regulatory program meets the
qualifications for certification set forth in this section, the
inquiry of the secretary shall extend only to the question of whether
the regulatory program meets the generic requirements of subdivision
(d). The inquiry may not extend to individual decisions to be
reached under the regulatory program, including the nature of
specific alternatives or mitigation measures that might be proposed
to lessen any significant adverse effect on the environment of the
activity.
(3) If the secretary determines that the regulatory program
submitted for certification does not meet the qualifications for
certification set forth in this section, the secretary shall adopt
findings setting forth the reasons for the determination.
(f) After a regulatory program has been certified pursuant to this
section, a proposed change in the program that could affect
compliance with the qualifications for certification specified in
subdivision (d) may be submitted to the Secretary of the Natural
Resources Agency for review and comment. The scope of the
secretary's review shall extend only to the question of whether the
regulatory program meets the generic requirements of subdivision (d).
The review may not extend to individual decisions to be reached
under the regulatory program, including specific alternatives or
mitigation measures that might be proposed to lessen any significant
adverse effect on the environment of the activity. The secretary
shall have 30 days from the date of receipt of the proposed change to
notify the state agency whether the proposed change will alter the
regulatory program so that it no longer meets the qualification for
certification established in this section and will result in a
withdrawal of certification as provided in this section.
(g) An action or proceeding to attack, review, set aside, void, or
annul a determination or decision of a state agency approving or
adopting a proposed activity under a regulatory program that has been
certified pursuant to this section on the basis that the plan or
other written documentation prepared pursuant to paragraph (3) of
subdivision (d) does not comply with this section shall be commenced
not later than 30 days from the date of the filing of notice of the
approval or adoption of the activity.
(h) (1) An action or proceeding to attack, review, set aside,
void, or annul a determination of the Secretary of the Natural
Resources Agency to certify a regulatory program pursuant to
this section on the basis that the regulatory program does not comply
with this section shall be commenced within 30 days from the date of
certification by the secretary.
(2) In an action brought pursuant to paragraph (1), the inquiry
shall extend only to whether there was a prejudicial abuse of
discretion by the secretary. Abuse of discretion is established if
the secretary has not proceeded in a manner required by law or if the
determination is not supported by substantial evidence.
(i) For purposes of this section, a county agricultural
commissioner is a state agency.
(j) For purposes of this section, an air quality management
district or air pollution control district is a state agency, except
that the approval, if any, by a district of a nonattainment area plan
is subject to this section only if, and to the extent that, the
approval adopts or amends rules or regulations.
(k) (1) The secretary, by July 1, 2004, shall develop a protocol
for reviewing the prospective application of certified regulatory
programs to evaluate the consistency of those programs with the
requirements of this division. Following the completion of the
development of the protocol, the secretary shall provide a report to
the Senate Committee on Environmental Quality and the Assembly
Committee on Natural Resources regarding the need for a grant of
additional statutory authority authorizing the secretary to undertake
a review of the certified regulatory programs.
(2) The secretary may update the protocol, and may update the
report provided to the legislative committees pursuant to paragraph
(1) and provide, in compliance with Section 9795 of the Government
Code, the updated report to those committees if additional statutory
authority is needed.
(3) The secretary shall provide a significant opportunity for
public participation in developing or updating the protocol described
in paragraph (1) or (2) including, but not limited to, at least two
public meetings with interested parties. A notice of each meeting
shall be provided at least 10 days prior to the meeting to a person
who files a written request for a notice with the agency and to the
Senate Committee on Environmental Quality and the Assembly Committee
on Natural Resources.
SEC. 2. 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 public 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) by
posting a notice of meeting pursuant to Section 21092.3, and
providing copies of the notice 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) A public agency, organization, or individual who has filed a
written request for the notice.
(c) For a public agency, 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 public 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 public 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 public scoping meeting.
SEC. 3. Section 21092 of the Public Resources Code is amended to
read:
21092. (a) A lead agency that is preparing an environmental
impact report or a negative declaration or making a determination
pursuant to subdivision (c) of Section 21157.1 shall provide public
notice of that fact within a reasonable period of time prior to
certification of the environmental impact report, adoption of the
negative declaration, or making the determination pursuant to
subdivision (c) of Section 21157.1.
(b) (1) The notice shall specify the period during which comments
will be received on the draft environmental impact report or negative
declaration, and shall include the date, time, and place of any
public meetings or hearings on the proposed project, a brief
description of the proposed project and its location, the significant
effects on the environment, if any, anticipated as a result of the
project, the address where copies of the draft environmental impact
report or negative declaration, and all documents referenced in the
draft environmental impact report or negative declaration, are
available for review, and a description of how the draft
environmental impact report or negative declaration can be provided
in an electronic format.
(2) This section shall not be construed in any manner that results
in the invalidation of an action because of the alleged inadequacy
of the notice content if there has been substantial compliance with
the notice content requirements of this section.
(3) The notice required by this section shall be filed and
posted pursuant to Section 21092.3 and given to the last known
name and address of all organizations and individuals who have
previously requested notice, and shall also be given by at least one
of the following procedures:
(A) Publication, no fewer times than required by Section 6061 of
the Government Code, by the public agency in a newspaper of general
circulation in the area affected by the proposed project. If more
than one area will be affected, the notice shall be published in the
newspaper of largest circulation from among the newspapers of general
circulation in those areas.
(B) Posting of notice by the lead agency on- and off-site in the
area where the project is to be located.
(C) Direct mailing to the owners and occupants of contiguous
property shown on the latest equalized assessment roll.
(c) For a project involving the burning of municipal wastes,
hazardous waste, or refuse-derived fuel, including, but not limited
to, tires, meeting the qualifications of subdivision (d), notice
shall be given to all organizations and individuals who have
previously requested notice and shall also be given by at least the
procedures specified in subparagraphs (A), (B), and (C) of paragraph
(3) of subdivision (b). In addition, notification shall be given by
direct mailing to the owners and occupants of property within
one-fourth of a mile of any parcel or parcels on which is located a
project subject to this subdivision.
(d) The notice requirements of subdivision (c) apply to both of
the following:
(1) The construction of a new facility.
(2) The expansion of an existing facility that burns hazardous
waste which would increase its permitted capacity by more than 10
percent. For purposes of this paragraph, the amount of expansion of
an existing facility shall be calculated by comparing the proposed
facility capacity with whichever of the following is applicable:
(A) The facility capacity approved in the facility's hazardous
waste facilities permit pursuant to Section 25200 of the Health and
Safety Code or its grant of interim status pursuant to Section
25200.5 of the Health and Safety Code, or the facility capacity
authorized in any state or local agency permit allowing the
construction or operation of a facility for the burning of hazardous
waste, granted before January 1, 1990.
(B) The facility capacity authorized in the facility's original
hazardous waste facilities permit, grant of interim status, or any
state or local agency permit allowing the construction or operation
of a facility for the burning of hazardous waste, granted on or after
January 1, 1990.
(e) The notice requirements specified in subdivision (b) or (c)
shall not preclude a public agency from providing additional notice
by other means if the agency so desires, or from providing the public
notice required by this section at the same time and in the same
manner as public notice otherwise required by law for the project.
SEC. 4. Section 21092.2 of the Public Resources Code is amended to
read:
21092.2. (a) The notices required pursuant to Sections 21080.4,
21080.5, 21083.9, 21092, 21108, 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 email, upon filing a written request for
notices, a person may request that the notices be provided to him or
her by email. 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.
(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, 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. 5. Section 21092.3 of the Public Resources Code is amended to
read:
21092.3. (a) The notices required pursuant
to Sections 21080.4 and , 21080.5, 21083.9,
21092 for an environmental impact report
, 21108, 21152, and 21161 shall be posted in the office of
the county clerk of each county in which the project will be located
and shall remain posted for a period of at least 30 days
of the full duration of any statutory time period under this
division the notice may commence, whichever is longer .
The notice required pursuant to Section 21092 for a negative
declaration shall be so posted for a period of 20 days, unless
otherwise required by law to be posted for 30 days. The
county clerk shall post the notices within 24 hours of
receipt one business day of receipt and shall stamp on
the notice the date on which it was actually posted for
public review .
(b) The notices required pursuant to Sections 21080.4, 21080.5,
21083.9, 21092, 21108, 21152, and 21161 shall be filed with, and
posted on a publicly available, online database established and
maintained by the Office of Planning and Research. The online
database shall include the capability to view and download the
notices in the form filed with the Office of Planning and Research.
Notices filed in the online database shall be stamped by the Office
of Planning and Research with the date on which they were actually
posted for online review by the public, and shall remain posted for a
period of at least 30 days or the duration of any time period the
notice may commence, whichever is longer. The Office of Planning and
Research shall post the notices in its online database within one
business day of receipt. The Office of Planning and Research may
require the agency filing the notice to pay an administrative fee not
to exceed ten dollars ($10) per notice filed for the purposes of
maintaining its online database and implementing its duties under
this section. The agency filing the notice may recover its filing
costs from the person specified in subdivision (b) or (c) of Section
21065, as reflected in the agency's record of proceedings.
(c) Any time periods of limitation periods established under this
division that are subject to the notices posted under this section
shall not commence until the notice is actually posted for public
review by the county clerk and in the online database maintained by
the Office of Planning and Research. If the county clerk and the
Office of Planning and Research posts the notice on different days,
the time period shall run from the date of the later posting.
(d) For the purposes of this section, "business days" does not
include Saturday, Sunday, or a day observed as a holiday by the state
government.
SEC. 6. Section 21108 of the Public Resources Code is amended to
read:
21108. (a) If a state agency approves or determines to carry out
a project that is subject to this division, the state agency shall
file notice of that approval or that determination with the Office of
Planning and Research and with the county clerk of each county
in which the project will be located . The notice shall
identify the person or persons in subdivision (b) or (c) of Section
21065, as reflected in the agency's record of proceedings, and
indicate the determination of the state agency whether the project
will, or will not, have a significant effect on the environment and
shall indicate whether an environmental impact report has been
prepared pursuant to this division.
(b) If a state agency determines that a project is not subject to
this division pursuant to subdivision (b) of Section 21080 or Section
21172, and the state agency approves or determines to carry out the
project, the state agency or the person specified in
subdivision (b) or (c) of Section 21065 may file notice of
the determination with the county clerk of each county in which
the project will be located and the Office of Planning and
Research. A notice filed pursuant to this subdivision shall identify
the person or persons in subdivision (b) or (c) of Section 21065, as
reflected in the agency's record of proceedings. A notice filed
pursuant to this subdivision by a person specified in subdivision (b)
or (c) of Section 21065 shall have a certificate of determination
attached to it issued by the state agency responsible for making the
determination that the project is not subject to this division
pursuant to subdivision (b) of Section 21080 or pursuant to Section
21172. The certificate of determination may be in the form of a
certified copy of an existing document or record of the state agency.
(c) A notice filed pursuant to this section shall be available for
public inspection, and a list of these notices shall be posted on a
weekly basis in the Office of Planning and Research. Each list shall
remain posted for a period of 30 days. The Office of Planning and
Research shall retain each notice for not less than 12 months.
SEC. 7. Section 21152 of the Public Resources Code is amended to
read:
21152. (a) If a local agency approves or determines to carry out
a project that is subject to this division, the local agency shall
file notice of the approval or the determination within five working
days after the approval or determination becomes final, with the
county clerk of each county in which the project will be located
and with the Office of Planning and Research . The notice
shall identify the person or persons in subdivision (b) or (c) of
Section 21065, as reflected in the agency's record of proceedings,
and indicate the determination of the local agency whether the
project will, or will not, have a significant effect on the
environment and shall indicate whether an environmental impact report
has been prepared pursuant to this division. The notice shall also
include certification that the final environmental impact report, if
one was prepared, together with comments and responses, is available
to the general public.
(b) If a local agency determines that a project is not subject to
this division pursuant to subdivision (b) of Section 21080 or
pursuant to Section 21172, and the local agency approves or
determines to carry out the project, the local agency or the
person specified in subdivision (b) or (c) of Section 21065
may file a notice of the determination with the county
clerk of each county in which the project will be located and
the Office of Planning and Research . A notice filed pursuant
to this subdivision shall identify the person or persons in
subdivision (b) or (c) of Section 21065, as reflected in the agency's
record of proceedings. A notice filed pursuant to this subdivision
by a person specified in subdivision (b) or (c) of Section
21065 shall have a certificate of determination attached to
it issued by the local agency responsible for making the
determination that the project is not subject to this division
pursuant to subdivision (b) of Section 21080 or Section 21172. The
certificate of determination may be in the form of a certified copy
of an existing document or record of the local agency.
(c) A notice filed pursuant to this section shall be available for
public inspection, and shall be posted within 24 hours of receipt in
the office of the county clerk. A notice shall remain posted for a
period of 30 days. Thereafter, the clerk shall return the notice to
the local agency with a notation of the period it was posted. The
local agency shall retain the notice for not less than 12 months.
SEC. 8. Section 21161 of the Public Resources Code is amended to
read:
21161. Whenever a public agency has completed an environmental
impact report, it shall cause a notice of completion of that report
to be filed with the county clerk of each county in which the
project will be located and the Office of Planning and
Research. The notice of completion shall briefly identify the project
and shall indicate that an environmental impact report has been
prepared. The notice of completion shall identify the project
location by latitude and longitude. Failure to file the notice
required by this section shall not affect the validity of a project.
SEC. 9. 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.
