BILL NUMBER: AB 1108 CHAPTERED
BILL TEXT
CHAPTER 638
FILED WITH SECRETARY OF STATE SEPTEMBER 18, 2002
APPROVED BY GOVERNOR SEPTEMBER 17, 2002
PASSED THE ASSEMBLY AUGUST 29, 2002
PASSED THE SENATE AUGUST 28, 2002
AMENDED IN SENATE AUGUST 26, 2002
AMENDED IN SENATE AUGUST 19, 2002
AMENDED IN SENATE AUGUST 8, 2002
AMENDED IN SENATE JUNE 27, 2002
AMENDED IN SENATE JUNE 11, 2002
AMENDED IN ASSEMBLY JANUARY 8, 2002
INTRODUCED BY Assembly Member Pavley
(Coauthor: Senator Kuehl)
FEBRUARY 23, 2001
An act to amend Section 21083.9 of, and to add Sections 21098 and
21098.1 to, the Public Resources Code, relating to environmental
protection.
LEGISLATIVE COUNSEL'S DIGEST
AB 1108, Pavley. Environmental quality: scoping meetings:
military areas.
(1) The existing 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 any 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 the project will not have that
effect. CEQA also requires a lead agency to call at least one
scoping meeting for a proposed project that may affect highways or
other facilities under the jurisdiction of the Department of
Transportation, and for a project of statewide, regional, or areawide
significance. The existing federal National Environmental Policy
Act and existing federal regulations authorize a lead agency to hold
a scoping meeting, and permit that meeting to be integrated with any
other early planning meeting the agency holds on a project that is
subject to the federal act.
This bill would provide that any scoping meeting that is conducted
in the city or county in which a project is located pursuant to the
NEPA is deemed to satisfy the state scoping meeting requirement with
regard to projects of statewide, regional, or areawide significance,
if the lead agency provided notice to interested parties in
conformance with the existing state requirements. The bill would
also impose additional requirements on a lead agency, if the United
States Department of Defense or a military service, as defined,
notifies that lead agency of the contact person and address for the
military service and the specific boundaries of a low-level flight
path, military impact zone, or special use airspace, as those terms
are defined by the bill.
The bill would require the lead agency to submit notices to the
military service if the project is within those boundaries and the
project includes a general plan amendment, the project is of
statewide, regional, or areawide significance, or the project is
required to be referred to the airport land use commission or
appropriately designated body. The bill would exempt from those
notification requirements specified hazardous waste response actions
and corrective action orders. The bill would specify that a project'
s effect or potential effect on military activities would not itself
constitute an adverse effect for the purposes of CEQA. By imposing
additional duties on local lead agencies, this bill would impose a
state-mandated local program.
(2) 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.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. 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 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) to all of
the following:
(1) Any 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) Any responsible agency.
(3) Any public agency that has jurisdiction by law with respect to
the project.
(4) Any organization or individual who has filed a written request
for the notice.
(c) For any entity, 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 National Environmental
Policy Act (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 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).
SEC. 2. Section 21098 is added to the Public Resources Code, to
read:
21098. (a) For the purposes of this section, the following terms
have the following meanings:
(1) "Low-level flight path" includes any flight path for any
aircraft owned, maintained, or that is under the jurisdiction of the
United States Department of Defense that flies lower than 1,500 feet
above ground level, as indicated in the United States Department of
Defense Flight Information Publication, "Area Planning Military
Training Routes: North and South America (AP/1B)" published by the
United States National Imagery and Mapping Agency.
(2) "Military impact zone" includes any area, including airspace,
that meets both of the following criteria:
(A) Is within two miles of a military installation, including, but
not limited to, any base, military airport, camp, post, station,
yard, center, homeport facility for a ship, or any other military
activity center that is under the jurisdiction of the United States
Department of Defense.
(B) Covers greater than 500 acres of unincorporated land, or
greater than 100 acres of city incorporated land.
(3) "Military service" means any branch of the United States Armed
Forces.
(4) "Special use airspace" means the land area underlying the
airspace that is designated for training, research, development, or
evaluation for a military service, as that land area is established
by the United States Department of Defense Flight Information
Publication, "Area Planning: Special Use Airspace: North and South
America (AP/1A)" published by the United States National Imagery and
Mapping Agency.
(b) If the United States Department of Defense or a military
service notifies a lead agency of the contact office and address for
the military service and the specific boundaries of a low-level
flight path, military impact zone, or special use airspace, the lead
agency shall submit notices, as required pursuant to Sections 21080.4
and 21092, to the military service if the project is within those
boundaries and any of the following apply:
(1) The project includes a general plan amendment.
(2) The project is of statewide, regional, or areawide
significance.
(3) The project is required to be referred to the airport land use
commission, or appropriately designated body, pursuant to Article
3.5 (commencing with Section 21670) of Chapter 4 of Part 1 of
Division 9 of the Public Utilities Code.
(c) The requirement to submit notices imposed by this section does
not apply to any of the following:
(1) Response actions taken pursuant to Chapter 6.8 (commencing
with Section 25300) of Division 20 of the Health and Safety Code.
(2) Response actions taken pursuant to Chapter 6.85 (commencing
with Section 25396) of Division 20 of the Health and Safety Code.
(3) Sites subject to corrective action orders issued pursuant to
Section 25187 of the Health and Safety Code.
(d) (1) The effect or potential effect that a project may have on
military activities does not itself constitute an adverse effect on
the environment for the purposes of this division.
(2) Notwithstanding paragraph (1), a project's impact on military
activities may cause, or be associated with, adverse effects on the
environment that are subject to the requirements of this division,
including, but not limited to, Section 21081. 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.