[CPEO-MEF] California law promotes environmental review of encroachment

[cpeo <cpeo@cpeo.org>]

[POSTED BY Lenny Siegel]

On September 17, 2002, Governor Gray Davis of California signed Assembly
Bill 1108, the other major piece of California legislation enacted this
year to minimize the negative impact of urban growth on military
readiness activities within the state. It was also sponsored by the Navy
on behalf of all the armed services, and it passed with the cooperation
of a wide range of stakeholder groups, including the Building Industry
Association. 

According to the Navy, "In addition to fixing the duplicative scoping
meetings under CEQA and NEPA, AB 1108 creates a process whereby the
military will receive early notification of significant proposed
projects which could impact the military mission. AB 1108 takes effect
on January 1, 2003."



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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. 

***

For the entire legislation, see
http://info.sen.ca.gov/pub/bill/asm/ab_1101-1150/ab_1108_bill_20020918_chaptered.html
or
http://info.sen.ca.gov/pub/bill/asm/ab_1101-1150/ab_1108_bill_20020918_chaptered.pdf

-- 


Lenny Siegel
Director, Center for Public Environmental Oversight
c/o PSC, 278-A Hope St., Mountain View, CA 94041
Voice: 650/961-8918 or 650/969-1545
Fax: 650/961-8918
<lsiegel@cpeo.org>
http://www.cpeo.org

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