Bill Text: CA SB476 | 2009-2010 | Regular Session | Amended

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Bill Title: Environment: California Environmental Quality Act:

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2009-06-22 - Hearing postponed by committee. [SB476 Detail]

Download: California-2009-SB476-Amended.html

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BILL NUMBER: SB 476	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 30, 2009
	AMENDED IN SENATE  APRIL 23, 2009

INTRODUCED BY   Senator Correa

                        FEBRUARY 26, 2009

   An act to amend Section 21177 of the Public Resources Code,
relating to the environment.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 476, as amended, Correa. Environment: California Environmental
Quality Act: noncompliance allegations: public comment.
   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 provides for a
public review period for the public to review a draft EIR, proposed
negative declaration, or proposed mitigated negative declaration.
CEQA requires a lead agency to evaluate and respond to comments on a
draft EIR, proposed negative declaration, or proposed mitigated
negative declaration made during the public review period and
authorizes a lead agency to evaluate and respond to comments made on
a draft EIR when the comments are submitted after the public review
period. CEQA requires an action or proceeding alleging noncompliance
with its requirements to be based on grounds that were presented to
the public agency orally or in writing by any person  , and
prohibits a person from maintaining an action or proceeding unless
the person objected to the approval of the project orally or in
writing,  during the public comment period provided under CEQA
or prior to the close of the public hearing on the project before the
issuance of the notice of determination.
   This bill instead would prohibit  an action or proceeding
from being brought based on alleged grounds of noncompliance with
CEQA unless the alleged grounds for noncompliance were presented to
the public agency orally or in writing by any person  
these actions or proceedings unless the oral or written presentation
or objection occurs  during the public comment period provided
under CEQA or prior to the close of the public hearing on the project
before the filing, rather than issuance, of the notice of
determination.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 21177 of the Public Resources Code is amended
to read:
   21177.  (a) An action or proceeding shall not be brought pursuant
to Section 21167 unless the alleged grounds for noncompliance with
this division were presented to the public agency orally or in
writing by any person during the public comment period provided by
this division or prior to the close of the public hearing on the
project before the filing of the notice of determination pursuant to
Sections 21108 and 21152.
   (b) A person shall not maintain an action or proceeding unless
that person objected to the approval of the project orally or in
writing during the public comment period provided by this division or
prior to the close of the public hearing on the project before the
 issuance of the notice of determination.  
filing of the notice of determination pursuant to Sections 21108 and
21152. 
   (c) This section does not preclude an organization formed after
the approval of a project from maintaining an action pursuant to
Section 21167 if a member of that organization has complied with
subdivision (b).
   (d) This section does not apply to the Attorney General.
   (e) This section does not apply to any alleged grounds for
noncompliance with this division for which there was no public
hearing or other opportunity for members of the public to raise those
objections orally or in writing prior to the approval of the
project, or if the public agency failed to give the notice required
by law.