Bill Text: CA AB2577 | 2011-2012 | Regular Session | Introduced

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Bill Title: Environmental quality: public comments.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-05-07 - In committee: Set, first hearing. Hearing canceled at the request of author. [AB2577 Detail]

Download: California-2011-AB2577-Introduced.html

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BILL NUMBER: AB 2577	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Galgiani

                        FEBRUARY 24, 2012

   An act to add Section 21091.7 to the Public Resources Code,
relating to environmental quality.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2577, as introduced, Galgiani. Environmental quality: public
comments.
   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 requires the lead agency to consider and respond to comments
received on a draft EIR, proposed negative declaration, or proposed
mitigated negative declaration that are received within the public
review period.
   This bill would specify that the lead agency does not have a duty
to consider, evaluate, or respond to comments received after the
expiration of the public review period. The bill would provide these
comments are not a part of the record of proceedings for the EIR,
negative declaration, or mitigated negative declaration.
   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 21091.7 is added to the Public Resources Code,
to read:
   21091.7.  (a) Notwithstanding any other law, the lead agency does
not have a duty to consider, evaluate, or respond to comments
received from the public after the public review period specified
pursuant to Section 21092 has expired.
   (b) If significant new information is added to the environmental
impact report after the notice required pursuant to Section 21092 has
been given and the consultation has occurred pursuant to Sections
21104 and 21153, Section 21092.1 shall apply.
   (c) Comments received after the expiration of the public review
period set forth in Section 21092 shall not become part of the record
of proceedings prepared pursuant to Section 21167.6.