Bill Text: CA AB1924 | 2011-2012 | Regular Session | Introduced
Bill Title: CEQA: environmental impact reports.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-02-23 - From printer. May be heard in committee March 24. [AB1924 Detail]
Download: California-2011-AB1924-Introduced.html
BILL NUMBER: AB 1924 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Buchanan
FEBRUARY 22, 2012
An act to amend Section 21091 of the Public Resources Code,
relating to environmental quality.
LEGISLATIVE COUNSEL'S DIGEST
AB 1924, as introduced, Buchanan. CEQA: environmental impact
reports.
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 prescribes certain
requirements for the review of draft EIRs, as specified.
This bill would make various technical, nonsubstantive changes in
those provisions relating to the requirements for the review of draft
EIRs.
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 21091 of the Public Resources Code is amended
to read:
21091. (a) The public review period for a draft environmental
impact report may shall not be less
than 30 days. If the draft environmental impact report is submitted
to the State Clearinghouse for review, the review period shall be at
least 45 days, and the lead agency shall provide a sufficient number
of copies of the document to the State Clearinghouse for review and
comment by state agencies.
(b) The public review period for a proposed negative declaration
or proposed mitigated negative declaration may
shall not be less than 20 days. If the proposed negative
declaration or proposed mitigated negative declaration is submitted
to the State Clearinghouse for review, the review period shall be at
least 30 days, and the lead agency shall provide a sufficient number
of copies of the document to the State Clearinghouse for review and
comment by state agencies.
(c) (1) Notwithstanding subdivisions (a) and (b), if a draft
environmental impact report, proposed negative declaration, or
proposed mitigated negative declaration is submitted to the State
Clearinghouse for review and the period of review by the State
Clearinghouse is longer than the public review period established
pursuant to subdivision (a) or (b), whichever is applicable, the
public review period shall be at least as long as the period of
review and comment by state agencies as established by the State
Clearinghouse.
(2) The public review period and the state agency review period
may, but are not required to, begin and end at the same time. Day one
of the state agency review period shall be the date that the State
Clearinghouse distributes the document to state agencies.
(3) If the submittal of a CEQA document is determined by the State
Clearinghouse to be complete, the State Clearinghouse shall
distribute the document within three working days from the date of
receipt. The State Clearinghouse shall specify the information that
will be required in order to determine the completeness of the
submittal of a CEQA document.
(d) (1) The lead agency shall consider comments it receives on a
draft environmental impact report, proposed negative declaration, or
proposed mitigated negative declaration if those comments are
received within the public review period.
(2) (A) With respect regard to the
consideration of comments received on a draft environmental impact
report, the lead agency shall evaluate comments on environmental
issues that are received from persons who have reviewed the draft and
shall prepare a written response pursuant to subparagraph (B). The
lead agency may also respond to comments that are received after the
close of the public review period.
(B) The written response shall describe the disposition of each
significant environmental issue that is raised by commenters. The
responses shall be prepared consistent with Section 15088 of Title 14
of the California Code of Regulations, as those regulations existed
on June 1, 1993.
(3) (A) With respect regard to the
consideration of comments received on a draft environmental impact
report, proposed negative declaration, proposed mitigated negative
declaration, or notice pursuant to Section 21080.4, the lead agency
shall accept comments via e-mail and shall treat e-mail comments as
equivalent to written comments.
(B) Any law or regulation relating to written comments received on
a draft environmental impact report, proposed negative declaration,
proposed mitigated negative declaration, or notice received pursuant
to Section 21080.4, shall also apply to e-mail comments received for
those reasons.
(e) (1) Criteria for shorter review periods by the State
Clearinghouse for documents that must are
required to be submitted to the State Clearinghouse shall be
set forth in the written guidelines issued by the Office of Planning
and Research and made available to the public.
(2) Those shortened review periods may
shall not be less than 30 days for a draft environmental impact
report and 20 days for a negative declaration.
(3) A request for a shortened review period shall only be made in
writing by the decisionmaking body of the lead agency to the Office
of Planning and Research. The decisionmaking body may designate by
resolution or ordinance a person authorized to request a shortened
review period. A designated person shall notify the decisionmaking
body of this request.
(4) A request approved by the State Clearinghouse shall be
consistent with the criteria set forth in the written guidelines of
the Office of Planning and Research.
(5) A shortened review period may shall
not be approved by the Office of Planning and Research for a
proposed project of statewide, regional, or areawide environmental
significance as determined pursuant to Section 21083.
(6) An approval of a shortened review period shall be given prior
to, and reflected in, the public notice required pursuant to Section
21092.
(f) Prior to carrying out or approving a project for which a
negative declaration has been adopted, the lead agency shall consider
the negative declaration together with comments that were received
and considered pursuant to paragraph (1) of subdivision (d).
