(The bolding, capitalization and underlines of phrases are not part of the law.)
* PUBLIC RESOURCES CODE SECTION 21000-21006
21000. The Legislature finds and declares as follows:
(a) The maintenance of a quality environment for the people of this state now and in the future is a matter of statewide concern.
(b) It is necessary to provide a high-quality environment that at all times is healthful and pleasing to the senses and intellect of man.
(c) There is a need to understand the relationship between the maintenance of high-quality ecological systems and the general welfare of the people of the state, including their enjoyment of the natural resources of the state.
(d) The capacity of the environment is limited, and it is the intent of the Legislature that the government of the state take immediate steps to identify any critical thresholds for the health and safety of the people of the state and take all coordinated actions necessary to prevent such thresholds being reached.
(e) Every citizen has a responsibility to contribute to the preservation and enhancement of the environment.
(f) The interrelationship of policies and practices in the management of natural resources and waste disposal requires systematic and concerted efforts by public and private interests to enhance environmental quality and to control environmental pollution.
(g) It is the intent of the Legislature that all agencies of the state government which regulate activities of private individuals, corporations, and public agencies which are found to affect the quality of the environment, shall regulate such activities so that major consideration is given to preventing environmental damage, while providing a decent home and satisfying living environment for every Californian.
21001. The Legislature further finds and declares that it is the policy of the state to:
(a) Develop and maintain a high-quality environment now and in the future, and take all action necessary to protect, rehabilitate, and enhance the environmental quality of the state.
(b) Take all action necessary to provide the people of this state with clean air and water, enjoyment of aesthetic, natural, scenic, and historic environmental qualities, and freedom from excessive noise.
(c) Prevent the elimination of fish or wildlife species due to man's activities, insure that fish and wildlife populations do not drop below self-prepetuating levels, and preserve for future generations representations of all plant and animal communities and examples of the major periods of California history.
(d) Ensure that the long-term protection of the environment, consistent with the provision of a decent home and suitable living environment for every Californian, shall be the guiding criterion in public decisions.
(e) Create and maintain conditions under which man and nature can exist in productive harmony to fulfill the social and economic requirements of present and future generations.
(f) Require governmental agencies at all levels to develop standards and procedures necessary to protect environmental quality.
(g) Require governmental agencies at all levels to consider qualitative factors as well as economic and technical factors and long-term benefits and costs, in addition to short-term benefits and costs and to consider alternatives to proposed actions affecting the environment.
21001.1. The Legislature further finds and declares that it is the policy of the state that projects to be carried out by public agencies be subject to the same level of review and consideration under this division as that of private projects required to be approved by public agencies.
21002. The Legislature finds and declares that it is the policy of the state that public agencies should not approve projects as proposed if there are feasible alternatives or feasible mitigation measures available which would substantially lessen the significant environmental effects of such projects, and that the procedures required by this division are intended to assist public agencies in systematically identifying both the significant effects of proposed projects and the feasible alternatives or feasible mitigation measures which will avoid or substantially lessen such significant effects. The Legislature further finds and declares that in the event specific economic, social, or other conditions make infeasible such project alternatives or such mitigation measures, individual projects may be approved in spite of one or more significant effects thereof.
21002.1. In order to achieve the objectives set forth in Section 21002, the Legislature hereby finds and declares that the following policy shall apply to the use of environmental impact reports prepared pursuant to this division:
(a) The purpose of an environmental impact report is to identify the significant effects on the environment of a project, to identify alternatives to the project, and to indicate the manner in which those significant effects can be mitigated or avoided.
(b) Each public agency shall mitigate or avoid the significant effects on the environment of projects that it carries out or approves whenever it is feasible to do so.
(c) If economic, social, or other conditions make it infeasible to mitigate one or more significant effects on the environment of a project, the project may nonetheless be carried out or approved at the discretion of a public agency if the project is otherwise permissible under applicable laws and regulations.
(d) In applying the policies of subdivisions (b) and (c) to individual projects, the responsibility of the lead agency shall differ from that of a responsible agency. The lead agency shall be responsible for considering the effects, both individual and collective, of all activities involved in a project. A responsible agency shall be responsible for considering only the effects of those activities involved in a project which it is required by law to
carry out or approve. This subdivision applies only to decisions by
a public agency to carry out or approve a project and does not otherwise affect the scope of the comments that the public agency may wish to make pursuant to Section 21104 or 21153.
(e) To provide more meaningful public disclosure, reduce the time and cost required to prepare an environmental impact report, and focus on potentially significant effects on the environment of a proposed project, lead agencies shall, in accordance with Section 21100, focus the discussion in the environmental impact report on those potential effects on the environment of a proposed project which the lead agency has determined are or may be significant. Lead agencies may limit discussion on other effects to a brief explanation as to why those effects are not potentially significant.
21003. The Legislature further finds and declares that it is the policy of the state that:
(a) Local agencies integrate the requirements of this division with planning and environmental review procedures otherwise required by law or by local practice so that all those procedures, to the maximum feasible extent, run concurrently, rather than consecutively.
(b) Documents prepared pursuant to this division be organized and written in a manner that will be meaningful and useful to decisionmakers and to the public.
(c) Environmental impact reports omit unnecessary descriptions of projects and emphasize feasible mitigation measures and feasible alternatives to projects.
(d) Information developed in individual environmental impact reports be incorporated into a data base which can be used to reduce delay and duplication in preparation of subsequent environmental impact reports.
(e) Information developed in environmental impact reports and negative declarations be incorporated into a data base which may be used to make subsequent or supplemental environmental determinations.
(f) All persons and public agencies involved in the environmental review process be responsible for carrying out the process in the most efficient, expeditious manner in order to conserve the available financial, governmental, physical, and social resources with the objective that those resources may be better applied toward the mitigation of actual significant effects on the environment.
21003.1. The Legislature further finds and declares it is the policy of the state that:
(a) Comments from the public and public agencies on the environmental effects of a project shall be made to lead agencies as soon as possible in the review of environmental documents, including, but not limited to, draft environmental impact reports and negative declarations, in order to allow the lead agencies to identify, at the earliest possible time in the environmental review process, potential significant effects of a project, alternatives, and
mitigation measures which would substantially reduce the effects.
(b) Information relevant to the significant effects of a project, alternatives, and mitigation measures which substantially reduce the effects shall be made available as soon as possible by lead agencies, other public agencies, and interested persons and organizations.
(c) Nothing in subdivisions (a) or (b) reduces or otherwise limits public review or comment periods currently prescribed either by statute or in guidelines prepared and adopted pursuant to Section 21083 for environmental documents, including, but not limited to, draft environmental impact reports and negative declarations.
21004. In mitigating or avoiding a significant effect of a project on the environment, a public agency may exercise only those express or implied powers provided by law other than this division. However, a public agency may use discretionary powers provided by such other law for the purpose of mitigating or avoiding a significant effect on the environment subject to the express or implied constraints or limitations that may be provided by law.
21005. (a) The Legislature finds and declares that it is the policy of the state that noncompliance with the information disclosure provisions of this division which precludes relevant information from being presented to the public agency, or noncompliance with substantive requirements of this division, may constitute a prejudicial abuse of discretion within the meaning of Sections 21168 and 21168.5, regardless of whether a different outcome would have resulted if the public agency had complied with those provisions.
(b) It is the intent of the Legislature that, in undertaking judicial review pursuant to Sections 21168 and 21168.5, courts shall continue to follow the established principle that there is no presumption that error is prejudicial.
(c) It is further the intent of the Legislature that any court, which finds, or, in the process of reviewing a previous court finding, finds, that a public agency has taken an action without compliance with this division, shall specifically address each of the alleged grounds for noncompliance.
21006. The Legislature finds and declares that this division is an integral part of any public agency's decisionmaking process, including, but not limited to, the issuance of permits, licenses, certificates, or other entitlements required for activities undertaken pursuant to federal statutes containing specific waivers of sovereign immunity.
21050. This division shall be known and may be cited as the California Environmental Quality Act.
21060. Unless the context otherwise requires, the definitions in this chapter govern the construction of this division.
21060.1. (a) "Agricultural land" means prime farmland, farmland of statewide importance, or unique farmland, as defined by the United States Department of Agriculture land inventory and monitoring criteria, as modified for California.
(b) In those areas of the state where lands have not been surveyed for the classifications specified in subdivision (a), "agricultural land" means land that meets the requirements of "prime agricultural land" as defined in paragraph (1), (2), (3), or (4) of subdivision (c) of Section 51201 of the Government Code.
21060.3. "Emergency" means a sudden, unexpected occurrence, involving a clear and imminent danger, demanding immediate action to prevent or mitigate loss of, or damage to, life, health, property, or essential public services. "Emergency" includes such occurrences as fire, flood, earthquake, or other soil or geologic movements, as well as such occurrences as riot, accident, or sabotage.
21060.5. "Environment" means the physical conditions which exist within the area which will be affected by a proposed project, including land, air, water, minerals, flora, fauna, noise, objects of historic or aesthetic significance.
21061. "Environmental impact report" means a detailed statement setting forth the matters specified in Sections 21100 and 21100.1; provided that information or data which is relevant to such a statement and is a matter of public record or is generally available to the public need not be repeated in its entirety in such statement, but may be specifically cited as the source for conclusions stated therein; and provided further that such information or data shall be briefly described, that its relationship to the environmental impact report shall be indicated, and that the source thereof shall be reasonably available for inspection at a public place or public building. An environmental impact report also includes any comments which are obtained pursuant to Section 21104 or 21153, or which are required to be obtained pursuant to this division.
An environmental impact report is an informational document which, when its preparation is required by this division, shall be considered by every public agency prior to its approval or disapproval of a project. The purpose of an environmental impact report is to provide public agencies and the public in general with detailed information about the effect which a proposed project is likely to have on the environment; to list ways in which the significant effects of such a project might be minimized; and to indicate alternatives to such a project.
In order to facilitate the use of environmental impact reports, public agencies shall require that such reports contain an index or table of contents and a summary. Failure to include such index, table of contents, or summary shall not constitute a cause of action pursuant to Section 21167.
21061.1. "Feasible" means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors. 21061.2. "Land evaluation and site assessment" means a decisionmaking methodology for assessing the potential environmental impact of state and local projects on agricultural land.
21062. "Local agency" means any public agency other than a state agency, board, or commission. For purposes of this division a redevelopment agency and a local agency formation commission are local agencies, and neither is a state agency, board, or commission. 21063. "Public agency" includes any state agency, board, or commission, any county, city and county, city, regional agency, public district, redevelopment agency, or other political subdivision.
21064. "Negative declaration" means a written statement briefly describing the reasons that a proposed project will not have a significant effect on the environment and does not require the preparation of an environmental impact report.
21064.5. "Mitigated negative declaration" means a negative declaration prepared for a project when the initial study has identified potentially significant effects on the environment, but (1) revisions in the project plans or proposals made by, or agreed to by, the applicant before the proposed negative declaration and initial study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant
effect on the environment would occur, and (2) there is no substantial evidence in light of the whole record before the public agency that the project, as revised, may have a significant effect on the environment.
21065. "Project" means an activity which may cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and which is any of the following:
(a) An activity directly undertaken by any public agency.
(b) An activity undertaken by a person which is supported, in whole or in part, through contracts, grants, subsidies, loans, or other forms of assistance from one or more public agencies.
(c) An activity that involves the issuance to a person of a lease, permit, license, certificate, or other entitlement for use by one or more public agencies.
21065.5. "Geothermal exploratory project" means a project as defined in Section 21065 composed of not more than six wells and associated drilling and testing equipment, whose chief and original purpose is to evaluate the presence and characteristics of geothermal resources prior to commencement of a geothermal field development project as defined in Section 65928.5 of the Government Code. Wells included within a geothermal exploratory project must be located at least one-half mile from geothermal development wells which are capable of producing geothermal resources in commercial quantities.
21066. "Person" includes any person, firm, association, organization, partnership, business, trust, corporation, limited liability company, company, district, county, city and county, city, town, the state, and any of the agencies and political subdivisions of those entities, and, to the extent permitted by federal law, the United States, or any of its agencies or political subdivisions.
21067. "Lead agency" means the public agency which has the principal responsibility for carrying out or approving a project which may have a significant effect upon the environment.
21068. "Significant effect on the environment" means a substantial, or potentially substantial, adverse change in the environment.
21068.5. "Tiering" or "tier" means the coverage of general matters and environmental effects in an environmental impact report prepared for a policy, plan, program or ordinance followed by narrower or site-specific environmental impact reports which incorporate by reference the discussion in any prior environmental impact report and which concentrate on the environmental effects which (a) are capable of being mitigated, or (b) were not analyzed as significant effects on the environment in the prior environmental impact report.
21069. "Responsible agency" means a public agency, other than the lead agency, which has responsibility for carrying out or approving a project.
21080. (a) Except as otherwise provided in this division, this division shall apply to discretionary projects proposed to be carried out or approved by public agencies, including, but not limited to, the enactment and amendment of zoning ordinances, the issuance of zoning variances, the issuance of conditional use permits, and the approval of tentative subdivision maps unless the project is exempt from this division.
(b) This division does not apply to any of the following activities:
(1) Ministerial projects proposed to be carried out or approved by public agencies.
(2) Emergency repairs to public service facilities necessary to maintain service.
(3) Projects undertaken, carried out, or approved by a public agency to maintain, repair, restore, demolish, or replace property or facilities damaged or destroyed as a result of a disaster in a disaster-stricken area in which a state of emergency has been proclaimed by the Governor pursuant to Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code.
(4) Specific actions necessary to prevent or mitigate an emergency.
(5) Projects which a public agency rejects or disapproves.
(6) Actions undertaken by a public agency relating to any thermal powerplant site or facility, including the expenditure, obligation, or encumbrance of funds by a public agency for planning, engineering, or design purposes, or for the conditional sale or purchase of equipment, fuel, water (except groundwater), steam, or power for a thermal powerplant, if the powerplant site and related facility will be the subject of an environmental impact report, negative declaration, or other document, prepared pursuant to a regulatory program certified pursuant to Section 21080.5, which will be prepared by the State Energy Resources Conservation and Development Commission, by the Public Utilities Commission, or by the city or county in which the powerplant and related facility would be located if the environmental impact report, negative declaration, or document includes the environmental impact, if any, of the action described in this paragraph.
(7) Activities or approvals necessary to the bidding for, hosting or staging of, and funding or carrying out of, an Olympic games under the authority of the International Olympic Committee, except for the construction of facilities necessary for the Olympic games.
(8) The establishment, modification, structuring, restructuring, or approval of rates, tolls, fares, or other charges by public agencies which the public agency finds are for the purpose of (A) meeting operating expenses, including employee wage rates and fringe benefits, (B) purchasing or leasing supplies, equipment, or materials, (C) meeting financial reserve needs and requirements, (D) obtaining funds for capital projects necessary to maintain service within existing service areas, or (E) obtaining funds necessary to maintain those intracity transfers as are authorized by city charter. The public agency shall incorporate written findings in the record of any proceeding in which an exemption under this paragraph is claimed setting forth with specificity the basis for the claim of exemption.
(9) All classes of projects designated pursuant to Section 21084.
(10) A project for the institution or increase of passenger or commuter services on rail or highway rights-of-way already in use, including modernization of existing stations and parking facilities.
(11) A project for the institution or increase of passenger or commuter service on high-occupancy vehicle lanes already in use, including the modernization of existing stations and parking facilities.
(12) Facility extensions not to exceed four miles in length which are required for the transfer of passengers from or to exclusive public mass transit guideway or busway public transit services.
(13) A project for the development of a regional transportation improvement program, the state transportation improvement program, or a congestion management program prepared pursuant to Section 65089 of the Government Code.
(14) Any project or portion thereof located in another state which will be subject to environmental impact review pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. Sec. 4321 et seq.) or similar state laws of that state. Any emissions or discharges that would have a significant effect on the environment in this state are subject to this division.
(15) Projects undertaken by a local agency to implement a rule or regulation imposed by a state agency, board, or commission under a certified regulatory program pursuant to Section 21080.5. Any site-specific effect of the project which was not analyzed as a significant effect on the environment in the plan or other written documentation required by Section 21080.5 is subject to this division.
(c) If a lead agency determines that a proposed project, not otherwise exempt from this division, would not have a significant effect on the environment, the lead agency shall adopt a negative declaration to that effect. The negative declaration shall be prepared for the proposed project in either of the following circumstances:
(1) There is no substantial evidence, in light of the whole record before the lead agency, that the project may have a significant effect on the environment.
(2) An initial study identifies potentially significant effects on the environment, but (A) revisions in the project plans or proposals made by, or agreed to by, the applicant before the proposed negative declaration and initial study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effect on the environment would occur, and (B) there is no substantial evidence, in light of the whole record before the lead agency, that the project, as revised, may have a significant effect on the environment.
(d) If there is substantial evidence, in light of the whole record before the lead agency, that the project may have a significant effect on the environment, an environmental impact report shall be prepared.
(e) (1) For the purposes of this section and this division, substantial evidence includes fact, a reasonable assumption predicated upon fact, or expert opinion supported by fact.
(2) Substantial evidence is not argument, speculation, unsubstantiated opinion or narrative, evidence that is clearly inaccurate or erroneous, or evidence of social or economic impacts that do not contribute to, or are not caused by, physical impacts on the environment.
(f) As a result of the public review process for a mitigated negative declaration, including administrative decisions and public hearings, the lead agency may conclude that certain mitigation measures identified pursuant to paragraph (2) of subdivision (c) are infeasible or otherwise undesirable. In those circumstances, the lead agency, prior to approving the project, may delete those mitigation measures and substitute for them other mitigation measures that the lead agency finds, after holding a public hearing on the matter, are equivalent or more effective in mitigating significant effects on the environment to a less than significant level and that do not cause any potentially significant effect on the environment.
If those new mitigation measures are made conditions of project approval or are otherwise made part of the project approval, the deletion of the former measures and the substitution of the new mitigation measures shall not constitute an action or circumstance requiring recirculation of the mitigated negative declaration.
(g) Nothing in this section shall preclude a project applicant or
any other person from challenging, in an administrative or judicial proceeding,
the legality of a condition of project approval imposed by the lead agency.
If, however, any condition of project approval set aside by either an administrative
body or court was necessary to avoid or lessen the likelihood of the occurrence
of a significant effect on the environment, the lead agency's approval
of the negative declaration and project shall be invalid and a new environmental
review process shall be conducted before the project can be reapproved,
unless the lead agency substitutes a new condition that the lead agency
finds, after holding a public hearing on the matter, is equivalent to,
or more effective in, lessening or avoiding significant effects on the
environment and that does not cause any potentially significant effect
on the environment.
21080.01. This division shall not apply to any activity or approval
necessary for the reopening and operation of the California Men's Colony
West Facility in San Luis Obispo County.
21080.02. This division shall not apply to any activity or approval necessary for or incidental to planning, design, site acquisition, construction, operation, or maintenance of the new prison facility a or in the vicinity of Corcoran in Kings County as authorized by the act that enacted this section.
21080.03. This division shall not apply to any activity or approval necessary for or incidental to the location, development, construction, operation, or maintenance of the prison in the County of Kings, authorized by Section 9 of Chapter 958 of the Statutes of
1983, as amended, and of the prison in the County of Amador (Ione),
authorized by Chapter 957 of the Statutes of 1983, as amended.
21080.04. (a) Notwithstanding paragraph (10) of subdivision (b) of
Section 21080, this division applies to a project for the institution
of passenger rail service on a line paralleling State Highway 29 and
running from Rocktram to Krug in the Napa Valley. With respect to
that project, and for the purposes of this division, the Public
Utilities Commission is the lead agency.
(b) It is the intent of the Legislature in enacting this section
to abrogate the decision of the California Supreme Court "that
Section 21080, subdivision (b)(11), exempts Wine Train's institution
of passenger service on the Rocktram-Krug line from the requirements
of CEQA" in Napa Valley Wine Train, Inc. v. Public Utilities Com., 50
Cal. 3d 370.
(c) Nothing in this section is intended to affect or apply to, or
to confer jurisdiction upon the Public Utilities Commission with
respect to, any other project involving rail service.
21080.05. This division does not apply to a project by a public
agency to lease or purchase the rail right-of-way used for the San
Francisco Peninsula commute service between San Francisco and San
Jose, together with all branch and spur lines, including the
Dumbarton and Vasona lines.
21080.07. This division shall not apply to any activity or approval
necessary for or incidental to planning, design, site acquisition,
construction, operation, or maintenance of the new prison facilities
located in any of the following places:
(a) The County of Riverside.
(b) The County of Del Norte.
21080.08. This division shall not apply to any activity or approval
necessary for or incidental to project funding, or the authorization
for the expenditure of funds for the project, by the Rural Economic
Development Infrastructure Panel pursuant to Article 5 (commencing
with Section 15373.6) of Chapter 2.5 of Part 6.7 of Division 3 of
Title 2 of the Government Code.
21080.09. (a) For purposes of this section, the following
definitions apply:
(1) "Public higher education" has the same meaning as specified in
Section 66010 of the Education Code.
(2) "Long range development plan" means a physical development and
land use plan to meet the academic and institutional objectives for
a particular campus or medical center of public higher education.
(b) The selection of a location for a particular campus and the
approval of a long range development plan are subject to this
division and require the preparation of an environmental impact
report. Environmental effects relating to changes in enrollment
levels shall be considered for each campus or medical center of
public higher education in the environmental impact report prepared
for the long range development plan for the campus or medical center.
(c) The approval of a project on a particular campus or medical
center of public higher education is subject to this division and may
be addressed, subject to the other provisions of this division, in a
tiered environmental analysis based upon a long range development
plan environmental impact report.
(d) Compliance with this section satisfies the obligations of
public higher education pursuant to this division to consider the
environmental impact of academic and enrollment plans as they affect
campuses or medical centers, provided that any such plans shall
become effective for a campus or medical center only after the
environmental effects of those plans have been analyzed as required
by this division in a long range development plan environmental
impact report or tiered analysis based upon that environmental impact
report for that campus or medical center, and addressed as required
by this division.
21080.1. (a) The lead agency shall be responsible for determining whether an environmental impact report, a negative declaration, or a mitigated negative declaration shall be required for any project which is subject to this division. That determination shall be final and conclusive on all persons, including responsible agencies, unless challenged as provided in Section 21167.
(b) In the case of a project described in subdivision (c) of Section
21065, the lead agency shall, upon the request of a potential applicant,
provide for consultation prior to the filing of the application regarding
the range of actions, potential alternatives, mitigation measures, and
any potential and significant effects on the environment of the project.
21080.2. In the case of a project described in subdivision (c) of
Section 21065, the determination required by Section 21080.1 shall be made
within 30 days from the date on which an application for a project has
been received and accepted as complete by the lead agency. This period
may be extended 15 days upon the consent of the lead agency and the project
applicant.
21080.3. (a) Prior to determining whether a negative declaration or environmental impact report is required for a project, the lead agency shall consult with all responsible agencies and with any other public agency which has jurisdiction by law over natural resources affected by the project which are held in trust for the people of the State of California. Prior to that required consultation, the lead agency may informally contact any such agency.
(b) In order to expedite the requirements of subdivision (a), the
Office of Planning and Research, upon request of a lead agency, shall assist
the lead agency in determining the various responsible agencies for a proposed
project. In the case of a project described in subdivision (c) of Section
21065, the request may also be made by the project applicant.
21080.4. (a) If a lead agency determines that an environmental impact report is required for a project, the lead agency shall immediately send notice of that determination by certified mail or an equivalent procedure to each responsible agency, the Office of Planning and Research, and those public agencies having jurisdiction by law over natural resources affected by the project that are held in trust for the people of the State of California. Upon receipt of the notice, each responsible agency, the office, and each public agency having jurisdiction by law over natural resources affected by the project that are held in trust for the people of the State of California shall specify to the lead agency the scope and content of the environmental information that is germane to the statutory responsibilities of that responsible agency, the office, or the public agency in connection with the proposed project and which, pursuant to the requirements of this division, shall be included in the environmental impact report. The information shall be specified in writing and shall be communicated to the lead agency by certified mail or equivalent procedure not later than 30 days after the date of receipt of the notice of the lead agency's determination. The lead agency shall request similar guidance from appropriate federal agencies.
(b) To expedite the requirements of subdivision (a), the lead
agency, any responsible agency, the Office of Planning and Research,
or a public agency having jurisdiction by law over natural resources
affected by the project that are held in trust for the people of the
State of California, may request one or more meetings between
representatives of those agencies and the office for the purpose of
assisting the lead agency to determine the scope and content of the
environmental information that any of those responsible agencies, the
office, or the public agencies may require. In the case of a
project described in subdivision (c) of Section 21065, the request
may also be made by the project applicant. The meetings shall be
convened by the lead agency as soon as possible, but not later than
30 days after the date that the meeting was requested.
(c) To expedite the requirements of subdivision (a), the Office of
Planning and Research, upon request of a lead agency, shall assist
the lead agency in determining the various responsible agencies,
public agencies having jurisdiction by law over natural resources
affected by the project that are held in trust for the people of the
State of California, and any federal agencies that have
responsibility for carrying out or approving a proposed project. In
the case of a project described in subdivision (c) of Section 21065,
that request may also be made by the project applicant.
(d) With respect to the Department of Transportation, and with
respect to any state agency that is a responsible agency or a public
agency having jurisdiction by law over natural resources affected by
the project that are held in trust for the people of the State of
California, subject to the requirements of subdivision (a), the
Office of Planning and Research shall ensure that the information
required by subdivision (a) is transmitted to the lead agency, and
that affected agencies are notified regarding meetings to be held
upon request pursuant to subdivision (b), within the required time
period.
21080.5. (a) Except as provided in Section 21158.1, when the
regulatory program of a state agency requires a plan or other written
documentation, containing environmental information and complying
with paragraph (3) of subdivision (d), to be submitted in support of
any activity listed in subdivision (b), the plan or other written
documentation may be submitted in lieu of the environmental impact
report required by this division if the Secretary of the Resources
Agency has certified the regulatory program pursuant to this section.
(b) This section applies only to regulatory programs or portions
thereof which involve either of the following:
(1) The issuance to a person of a lease, permit, license,
certificate, or other entitlement for use.
(2) The adoption or approval of standards, rules, regulations, or
plans for use in the regulatory program.
(c) A regulatory program certified pursuant to this section is
exempt from Chapter 3 (commencing with Section 21100), Chapter 4
(commencing with Section 21150), and Section 21167, except as
provided in Article 2 (commencing with Section 21157) of Chapter 4.5.
(d) To qualify for certification pursuant to this section, a
regulatory program shall require the utilization of an
interdisciplinary approach that will ensure the integrated use of the
natural and social sciences in decisionmaking and which shall meet
all of the following criteria:
(1) The enabling legislation of the regulatory program does both
of the following:
(A) Includes protection of the environment among its principal
purposes.
(B) Contains authority for the administering agency to adopt rules
and regulations for the protection of the environment, guided by
standards set forth in the enabling legislation.
(2) The rules and regulations adopted by the administering agency
for the regulatory program do all of the following:
(A) Require that an activity will not be approved or adopted as
proposed if there are feasible alternatives or feasible mitigation
measures available which would substantially lessen any significant
adverse effect which the activity may have on the environment.
(B) Include guidelines for the orderly evaluation of proposed
activities and the preparation of the plan or other written
documentation in a manner consistent with the environmental
protection purposes of the regulatory program.
(C) Require the administering agency to consult with all public
agencies which have jurisdiction, by law, with respect to the
proposed activity.
(D) Require that final action on the proposed activity include the
written responses of the issuing authority to significant
environmental points raised during the evaluation process.
(E) Require the filing of a notice of the decision by the
administering agency on the proposed activity with the Secretary of
the Resources Agency. Those notices shall be available for public
inspection, and a list of the notices shall be posted on a weekly
basis in the Office of the Resources Agency. Each list shall remain
posted for a period of 30 days.
(F) Require notice of the filing of the plan or other written
documentation to be made to the public and to any person who
requests, in writing, notification. The notification shall be made
in a manner that will provide the public or any person requesting
notification with sufficient time to review and comment on the
filing.
(3) The plan or other written documentation required by the
regulatory program does both of the following:
(A) Includes a description of the proposed activity with
alternatives to the activity, and mitigation measures to minimize any
significant adverse effect on the environment of the activity.
(B) Is available for a reasonable time for review and comment by
other public agencies and the general public.
(e) (1) The Secretary of the Resources Agency shall certify a
regulatory program which the secretary determines meets all the
qualifications for certification set forth in this section, and
withdraw certification on determination that the regulatory program
has been altered so that it no longer meets those qualifications.
Certification and withdrawal of certification shall occur only after
compliance with Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2 of the Government Code.
(2) In determining whether or not a regulatory program meets the
qualifications for certification set forth in this section, the
inquiry of the secretary shall extend only to the question of whether
the regulatory program meets the generic requirements of subdivision
(d). The inquiry shall not extend to individual decisions to be
reached under the regulatory program, including the nature of
specific alternatives or mitigation measures which might be proposed
to lessen any significant adverse effect on the environment of the
activity.
(3) If the secretary determines that the regulatory program
submitted for certification does not meet the qualifications for
certification set forth in this section, the secretary shall adopt
findings setting forth the reasons for the determination.
(f) After a regulatory program has been certified pursuant to this
section, any proposed change in the program which could affect
compliance with the qualifications for certification specified in
subdivision (d) may be submitted to the Secretary of the Resources
Agency for review and comment. The scope of the secretary's review
shall extend only to the question of whether the regulatory program
meets the generic requirements of subdivision (d). The review shall
not extend to individual decisions to be reached under the regulatory
program, including specific alternatives or mitigation measures
which might be proposed to lessen any significant adverse effect on
the environment of the activity. The secretary shall have 30 days
from the date of receipt of the proposed change to notify the state
agency whether the proposed change will alter the regulatory program
so that it no longer meets the qualification for certification
established in this section and will result in a withdrawal of
certification as provided in this section.
(g) Any action or proceeding to attack, review, set aside, void,
or annul a determination or decision of a state agency approving or
adopting a proposed activity under a regulatory program which has
been certified pursuant to this section on the basis that the plan or
other written documentation prepared pursuant to paragraph (3) of
subdivision (d) does not comply with this section shall be commenced
not later than 30 days from the date of the filing of notice of the
approval or adoption of the activity.
(h) (1) Any action or proceeding to attack, review, set aside,
void, or annul a determination of the Secretary of the Resources
Agency to certify a regulatory program pursuant to this section on
the basis that the regulatory program does not comply with this
section shall be commenced within 30 days from the date of
certification by the secretary.
(2) In any action brought pursuant to paragraph (1), the inquiry
shall extend only to whether there was a prejudicial abuse of
discretion by the secretary. Abuse of discretion is established if
the secretary has not proceeded in a manner required by law or if the
determination is not supported by substantial evidence.
(i) For purposes of this section, any county agricultural
commissioner is a state agency.
(j) For purposes of this section, any air quality management
district or air pollution control district is a state agency, except
that the approval, if any, by such a district of a nonattainment area
plan is subject to this section only if, and to the extent that, the
approval adopts or amends rules or regulations.
21080.7. (a) No environmental impact report or negative declaration
is required for any project involving the construction of housing or
neighborhood commercial facilities in an urbanized area if the lead
agency does all of the following:
(1) Finds, after giving notice pursuant to subdivision (c) or (d)
of Section 21092 and following the procedure prescribed by law or
regulation which would be necessary to make a determination pursuant
to Section 21080.1, all of the following:
(A) The project is consistent with a comprehensive regulatory
document which has been adopted pursuant to Article 8 (commencing
with Section 65450) of Chapter 3 of Title 7 of the Government Code
or, in the coastal zone, a local coastal program certified pursuant
to Article 2 (commencing with Section 30510) of Chapter 6 of Division
20.
(B) For purposes of this section, the plan or program was adopted
pursuant to the procedure established by Article 8 (commencing with
Section 65450) of Chapter 3 of Title 7 of the Government Code not
more than five years prior to the finding made pursuant to this
section.
(C) The plan or program has been the subject of an environmental
impact report.
(D) The environmental impact report is sufficiently detailed so
that the significant effects on the environment of the project and
measures necessary to mitigate or avoid those effects can be
determined, including any significant physical effects on existing
structures and neighborhoods of historical or aesthetic significance
that exist in the area covered by the plan or program and measures
necessary to mitigate or avoid those effects.
(2) Makes one or more of the findings as required pursuant to
Section 21081.
(3) Files a notice of the decision on the proposed activity with
the county clerk. Those notices shall be available for public
inspection, and a list of the notices shall be posted on a weekly
basis in the office of the county clerk. Each list shall remain
posted for a period of 30 days.
(b) As used in this section:
(1) "Neighborhood commercial facilities" means those commercial
facilities which are an integral part of a project involving the
construction of housing and which will serve the residents of the
housing.
(2) "Urbanized area" means a central city or cities and
surrounding closely settled territory, as defined by the United
States Department of Commerce Bureau of the Census in the Federal
Register, Volume 39, Number 85, for Wednesday, May 1, 1974, at pages
15202 and 15203, and as periodically updated.
21080.8. This division does not apply to the conversion of an
existing rental mobilehome park to a resident initiated subdivision,
cooperative, or condominium for mobilehomes if the conversion will
not result in an expansion of or change in existing use of the
property.
21080.9. This division shall not apply to activities and approvals
by any local government, as defined in Section 30109, or any state
university or college, as defined in Section 30119, as necessary for
the preparation and adoption of a local coastal program or long-range
land use development plan pursuant to Division 20 (commencing with
Section 30000); provided, however, that certification of a local
coastal program or long-range land use development plan by the
California Coastal Commission pursuant to Chapter 6 (commencing with
Section 30500) of Division 20 shall be subject to the requirements of
this division. For the purpose of Section 21080.5, a certified
local coastal program or long-range land use development plan
constitutes a plan for use in the California Coastal Commission's
regulatory program.
21080.10. This division does not apply to any of the following:
(a) An extension of time, granted pursuant to Section 65361 of the
Government Code, for the preparation and adoption of one or more
elements of a city or county general plan.
(b) Actions taken by the Department of Housing and Community
Development or the California Housing Finance Agency to provide
financial assistance or insurance for the development and
construction of residential housing for persons and families of low
or moderate income, as defined in Section 50093 of the Health and
Safety Code, if the project which is the subject of the application
for financial assistance or insurance will be reviewed pursuant to
this division by another public agency.
(c) (1) Any development project which consists of the
construction, conversion, or use of residential housing for
agricultural employees, as defined in paragraph (2), that is
affordable to lower-income households, as defined in Section 50079.5
of the Health and Safety Code, if there is no public financial
assistance for the development project and the developer of the
development project provides sufficient legal commitments to the
appropriate local agency to ensure the continued availability and use
of the housing units for lower-income households for a period of at
least 15 years, or any development project that consists of the
construction, conversion, or use of residential housing for
agricultural employees, as defined in paragraph (2) that is
affordable to low- and moderate-income households, as defined in
paragraph (2) of subdivision (h) of Section 65589.5 of the Government
Code, if there is public financial assistance for the development
project and the developer of the development project provides
sufficient legal commitments to the appropriate local agency to
ensure the continued availability and use of the housing units for
low- and moderate-income households for a period of at least 15
years, if either type of development project meets all of the
following requirements:
(A) (i) If the development project is proposed for an urbanized
area, it is located on a project site which is adjacent, on at least
two sides, to land that has been developed, and consists of not more
than 45 units, or is housing for a total of 45 or fewer agricultural
employees if the housing consists of dormitories, barracks, or other
group living facilities.
(ii) If the development project is proposed for a nonurbanized
area, it is located on a project site zoned for general agricultural
use, and consists of not more than 20 units, or is housing for a
total of 20 or fewer agricultural workers if the housing consists of
dormitories, barracks, or other group living facilities.
(B) The development project is consistent with the jurisdiction's
general plan as it existed on the date that the application was
deemed complete.
(C) The development project is consistent with the zoning
designation, as specified in the zoning ordinance as it existed on
the date that the application was deemed complete, unless the zoning
is inconsistent with the general plan because the local agency has
not rezoned the property to bring it into conformity with the general
plan.
(D) The development project site is not more than five acres in
area, except that a project site located in an area with a population
density of at least 1,000 persons per square mile shall not be more
than two acres in area.
(E) The development project site can be adequately served by
utilities.
(F) The development project site has no value as a wildlife
habitat.
(G) The development project site is not included on any list of
facilities and sites compiled pursuant to Section 65962.5 of the
Government Code.
(H) The development project will not involve the demolition of, or
any substantial adverse change, in any structure that is listed, or
is determined to be eligible for listing, in the California Register
of Historic Resources.
(2) As used in paragraph (1), "residential housing for
agricultural employees" means housing accommodations for an
agricultural employee, as defined in subdivision (b) of Section
1140.4 of the Labor Code.
(3) As used paragraph (1), "urbanized area" means either of the
following:
(A) An area with a population density of at least 1,000 persons
per square mile.
(B) An area with a population density of less than 1,000 persons
per square mile that is identified as an urban area in a general plan
adopted by a local government, and was not designated, on the date
that the application was deemed complete, as an area reserved for
future urban growth.
(4) This division shall apply to any development project described
in this subdivision if a public agency which is carrying out or
approving the development project determines that there is a
reasonable possibility that the project, if completed, would have a
significant effect on the environment due to unusual circumstances,
or that the cumulative impact of successive projects of the same type
in the same area over time would be significant.
21080.11. This division shall not apply to settlements of title and
boundary problems by the State Lands Commission and to exchanges or
leases in connection with those settlements.
21080.13. This division shall not apply to any railroad grade
separation project which eliminates an existing grade crossing or
which reconstructs an existing grade separation.
21080.14. (a) Except as provided in subdivision (c), this division
does not apply to any development project that consists of the
construction, conversion, or use of residential housing consisting of
not more than 100 units in an urbanized area that is affordable to
lower income households, as defined in Section 50079.5 of the Health
and Safety Code, if the developer of the development project provides
sufficient legal commitments to the appropriate local agency to
ensure the continued availability and use of the housing units for
lower income households for a period of at least 15 years, or that is
affordable to low- and moderate-income households, as defined in
paragraph (2) of subdivision (h) of Section 65589.5 of the Government
Code, if the developer of the development project provides
sufficient legal commitments to the appropriate local agency to
ensure the continued availability and use of the housing units for
low- and moderate-income households at monthly housing costs as
determined pursuant to paragraph (2) of subdivision (h) of Section
65589.5 of the Government Code, the developer provides sufficient
legal commitments to ensure continued availability of units for the
lower income households for 30 years as provided in paragraph (3) of
subdivision (h) of Section 65589.5 of the Government Code, and the
development project meets all of the following requirements:
(1) The development project is consistent with the jurisdiction's
general plan or any applicable specific plan or local coastal program
as it existed on the date that the application was deemed complete.
(2) The development project is consistent with the zoning
designation, as specified in the zoning ordinance as it existed on
the date that the application was deemed complete, unless the zoning
is inconsistent with the general plan because the local agency has
not rezoned the property to bring it into conformity with the general
plan.
(3) The project site is an infill site that has been previously
developed for urban uses, or the immediately contiguous properties
surrounding the project site are, or previously have been, developed
for urban uses.
(4) The project site is not more than five acres in area.
(5) The project site can be adequately served by utilities.
(6) The project site has no value as a wildlife habitat.
(7) The project site is not included on any list of facilities and
sites compiled pursuant to Section 65962.5 of the Government Code.
(8) The project site is subject to an assessment prepared by a
California registered environmental assessor to determine the
presence of hazardous contaminants on the site and the potential for
exposure of site occupants to significant health hazards from nearby
properties and activities. If hazardous contaminants on the site are
found, the contaminants shall be removed or any significant effects
of those contaminants shall be mitigated to a level of
insignificance. If the potential for exposure to significant health
hazards from surrounding properties or activities is found to exist,
the effects of the potential exposure shall be mitigated to a level
of insignificance.
(9) The project will not involve the demolition of, or any
substantial adverse change in, any district, landmark, object,
building, structure, site, area, or place that is listed, or
determined to be eligible for listing, in the California Register of
Historical Resources.
(b) As used in subdivision (a), "urbanized area" means an area
that has a population density of at least 1,000 persons per square
mile.
(c) Notwithstanding subdivision (a), this division does apply to a
development project described in subdivision (a) if there is a
reasonable possibility that the development project would have a
significant effect on the environment or the residents of the
development project due to unusual circumstances or due to related or
cumulative impacts of reasonably foreseeable projects in the
vicinity of the development project.
21080.17. This division does not apply to the adoption of an
ordinance by a city or county to implement the provisions of Section
65852.1 or Section 65852.2 of the Government Code.
21080.18. This division does not apply to the closing of any public
school in which kindergarten or any of grades 1 through 12 is
maintained or the transfer of students from that public school to
another school if the only physical changes involved are
categorically exempt under Chapter 3 (commencing with Section 15000)
of Division 6 of Title 14 of the California Administrative Code.
21080.19. This division does not apply to a project for restriping
of streets or highways to relieve traffic congestion.
21080.21. This division does not apply to any project of less than
one mile in length within a public street or highway or any other
public right-of-way for the installation of a new pipeline or the
maintenance, repair, restoration, reconditioning, relocation,
replacement, removal, or demolition of an existing pipeline. For
purposes of this section, "pipeline" includes subsurface facilities
but does not include any surface facility related to the operation of
the underground facility.
21080.22. (a) This division does not apply to activities and
approvals by a local government necessary for the preparation of
general plan amendments pursuant to Section 29763, except that the
approval of general plan amendments by the Delta Protection
Commission is subject to the requirements of this division.
(b) For purposes of Section 21080.5, a general plan amendment is a
plan required by the regulatory program of the Delta Protection
Commission.
21080.23. (a) This division does not apply to any project which
consists of the inspection, maintenance, repair, restoration,
reconditioning, relocation, replacement, or removal of an existing
pipeline, as defined in subdivision (a) of Section 51010.5 of the
Government Code, or any valve, flange, meter, or other piece of
equipment that is directly attached to the pipeline, if the project
meets all of the following conditions:
(1) (A) The project is less than eight miles in length.
(B) Notwithstanding subparagraph (A), actual construction and
excavation activities undertaken to achieve the maintenance, repair,
restoration, reconditioning, relocation, replacement, or removal of
an existing pipeline are not undertaken over a length of more than
one-half mile at any one time.
(2) The project consists of a section of pipeline that is not less
than eight miles from any section of pipeline that has been subject
to an exemption pursuant to this section in the past 12 months.
(3) The project is not solely for the purpose of excavating soil
that is contaminated by hazardous materials, and, to the extent not
otherwise expressly required by law, the party undertaking the
project immediately informs the lead agency of the discovery of
contaminated soil.
(4) To the extent not otherwise expressly required by law, the
person undertaking the project has, in advance of undertaking the
project, prepared a plan that will result in notification of the
appropriate agencies so that they may take action, if determined to
be necessary, to provide for the emergency evacuation of members of
the public who may be located in close proximity to the project.
(5) Project activities are undertaken within an existing
right-of-way and the right-of-way is restored to its condition prior
to the project.
(6) The project applicant agrees to comply with all conditions
otherwise authorized by law, imposed by the city or county planning
department as part of any local agency permit process, that are
required to mitigate potential impacts of the proposed project, and
to otherwise comply with the Keene-Nejedly California Wetlands
Preservation Act (Chapter 7 (commencing with Section 5810) of
Division 5), the California Endangered Species Act (Chapter 1.5
(commencing with Section 2050) of Division 3 of the Fish and Game
Code), and other applicable state laws, and with all applicable
federal laws.
(b) If a project meets all of the requirements of subdivision (a),
the person undertaking the project shall do all of the following:
(1) Notify, in writing, any affected public agency, including, but
not limited to, any public agency having permit, land use,
environmental, public health protection, or emergency response
authority of the exemption of the project from this division by
subdivision (a).
(2) Provide notice to the public in the affected area in a manner
consistent with paragraph (3) of subdivision (b) of Section 21092.
(3) In the case of private rights-of-way over private property,
receive from the underlying property owner permission for access to
the property.
(4) Comply with all conditions otherwise authorized by law,
imposed by the city or county planning department as part of any
local agency permit process, that are required to mitigate potential
impacts of the proposed project, and otherwise comply with the
Keene-Nejedly California Wetlands Preservation Act (Chapter 7
(commencing with Section 5810) of Division 5), the California
Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of
Division 3 of the Fish and Game Code), and other applicable state
laws, and with all applicable federal laws.
(c) Prior to January 1, 1999, this section shall not apply to ARCO
Pipeline Company's crude oil pipelines designated as Crude Oil Line
1, from Tejon Station south to its terminus, and Crude Oil Line 90.
(d) This section does not apply to either of the following:
(1) A project in which the diameter of the pipeline is increased.
(2) A project undertaken within the boundaries of an oil refinery.
21080.24. This division does not apply to the issuance,
modification, amendment, or renewal of any permit by an air pollution
control district or air quality management district pursuant to
Title V, as defined in Section 39053.3 of the Health and Safety Code,
or pursuant to a district Title V program established under Sections
42301.10, 42301.11, and 42301.12 of the Health and Safety Code,
unless the issuance, modification, amendment, or renewal authorizes a
physical or operational change to a source or facility.
(b) Nothing in this section is intended to result in the
application of this division to any physical or operational change
which, prior to January 1, 1995, was not subject to this division.
21080.26. This division does not apply to minor alterations to
utilities made for the purposes of complying with Sections 4026.7 and
4026.8 of the Health and Safety Code or regulations adopted
thereunder.
21080.32. (a) This section shall only apply to publicly owned
transit agencies, but shall not apply to any publicly owned transit
agency created pursuant to Section 130050.2 of the Public Utilities
Code.
(b) Except as provided in subdivision (c), and in accordance with
subdivision (d), this division does not apply to actions taken on or
after July 1, 1995, by a publicly owned transit agency to implement
budget reductions caused by the failure of agency revenues to
adequately fund agency programs and facilities.
(c) This section does not apply to any action to reduce or
eliminate a transit service, facility, program, or activity that was
approved or adopted as a mitigation measure in any environmental
document authorized by this division or the National Environmental
Policy Act (42 U.S.C. Sec. 4321 et seq.) or to any state or federal
requirement that is imposed for the protection of the environment.
(d) (1) This section applies only to actions taken after the
publicly owned transit agency has made a finding that there is a
fiscal emergency caused by the failure of agency revenues to
adequately fund agency programs and facilities, and after the
publicly owned transit agency has held a public hearing to consider
those actions. A publicly owned transit agency that has held such a
hearing shall respond within 30 days at a regular public meeting to
suggestions made by the public at the initial public hearing. Those
actions shall be limited to projects defined in subdivision (a) or
(b) of Section 21065 which initiate or increase fees, rates, or
charges charged for any existing public service, program, or
activity; or reduce or eliminate the availability of an existing
publicly owned transit service, facility, program, or activity.
(2) For purposes of this subdivision, "fiscal emergency," when
applied to a publicly owned transit agency, means that the agency is
projected to have negative working capital within one year from the
date that the agency makes the finding that there is a fiscal
emergency pursuant to this section. Working capital shall be
determined by adding together all unrestricted cash, unrestricted
short-term investments, and unrestricted short-term accounts
receivable and then subtracting unrestricted accounts payable.
Employee retirement funds, including Internal Revenue Code Section
457 deferred compensation plans and Section 401(k) plans, health
insurance reserves, bond payment reserves, workers' compensation
reserves, and insurance reserves, shall not be factored into the
formula for working capital.
21080.33. This division does not apply to any emergency project
undertaken, carried out, or approved by a public agency to maintain,
repair, or restore an existing highway, as defined in Section 360 of
the Vehicle Code, except for a highway designated as an official
state scenic highway pursuant to Section 262 of the Streets and
Highways Code, within the existing right-of-way of the highway,
damaged as a result of fire, flood, storm, earthquake, land
subsidence, gradual earth movement, or landslide, within one year of
the damage. This section does not exempt from this division any
project undertaken, carried out, or approved by a public agency to
expand or widen a highway damaged by fire, flood, storm, earthquake,
land subsidence, gradual earth movement, or landslide.
21081. Pursuant to the policy stated in Sections 21002 and 21002.1,
no public agency shall approve or carry out a project for which an
environmental impact report has been certified which identifies one
or more significant effects on the environment that would occur if
the project is approved or carried out unless both of the following
occur:
(a) The public agency makes one or more of the following findings
with respect to each significant effect:
(1) Changes or alterations have been required in, or incorporated
into, the project which mitigate or avoid the significant effects on
the environment.
(2) Those changes or alterations are within the responsibility
and jurisdiction of another public agency and have been, or can and
should be, adopted by that other agency.
(3) Specific economic, legal, social, technological, or other
considerations, including considerations for the provision of
employment opportunities for highly trained workers, make infeasible
the mitigation measures or alternatives identified in the
environmental impact report.
(b) With respect to significant effects which were subject to a
finding under paragraph (3) of subdivision (a), the public agency
finds that specific overriding economic, legal, social,
technological, or other benefits of the project outweigh the
significant effects on the environment.
21081.5. In making the findings required by paragraph (3) of
subdivision (a) of Section 21081, the public agency shall base its
findings on substantial evidence in the record.
21081.6. (a) When making the findings required by paragraph (1) of
subdivision (a) of Section 21081 or when adopting a mitigated
negative declaration pursuant to paragraph (2) of subdivision (c) of
Section 21080, the following requirements shall apply:
(1) The public agency shall adopt a reporting or monitoring
program for the changes made to the project or conditions of project
approval, adopted in order to mitigate or avoid significant effects
on the environment. The reporting or monitoring program shall be
designed to ensure compliance during project implementation. For
those changes which have been required or incorporated into the
project at the request of a responsible agency or a public agency
having jurisdiction by law over natural resources affected by the
project, that agency shall, if so requested by the lead agency or a
responsible agency, prepare and submit a proposed reporting or
monitoring program.
(2) The lead agency shall specify the location and custodian of
the documents or other material which constitute the record of
proceedings upon which its decision is based.
(b) A public agency shall provide that measures to mitigate or
avoid significant effects on the environment are fully enforceable
through permit conditions, agreements, or other measures. Conditions
of project approval may be set forth in referenced documents which
address required mitigation measures or, in the case of the adoption
of a plan, policy, regulation, or other public project, by
incorporating the mitigation measures into the plan, policy,
regulation, or project design.
(c) Prior to the close of the public review period for a draft
environmental impact report or mitigated negative declaration, a
responsible agency, or a public agency having jurisdiction over
natural resources affected by the project, shall either submit to the
lead agency complete and detailed performance objectives for
mitigation measures which would address the significant effects on
the environment identified by the responsible agency or agency having
jurisdiction over natural resources affected by the project, or
refer the lead agency to appropriate, readily available guidelines or
reference documents. Any mitigation measures submitted to a lead
agency by a responsible agency or an agency having jurisdiction over
natural resources affected by the project shall be limited to
measures which mitigate impacts to resources which are subject to the
statutory authority of, and definitions applicable to, that agency.
Compliance or noncompliance by a responsible agency or agency having
jurisdiction over natural resources affected by a project with that
requirement shall not limit the authority of the responsible agency
or agency having jurisdiction over natural resources affected by a
project, or the authority of the lead agency, to approve, condition,
or deny projects as provided by this division or any other provision
of law.
21081.7. Transportation information resulting from the reporting or
monitoring program required to be adopted by a public agency
pursuant to Section 21081.6 shall be submitted to the transportation
planning agency in the region where the project is located and to the
Department of Transportation when the project has impacts that are
of statewide, regional, or areawide significance according to
criteria developed pursuant to Section 21083. The transportation
planning agency and the Department of Transportation shall adopt
guidelines for the submittal of those reporting or monitoring
programs.
21082. All public agencies shall adopt by ordinance, resolution,
rule, or regulation, objectives, criteria, and procedures for the
evaluation of projects and the preparation of environmental impact
reports and negative declarations pursuant to this division. A
school district, or any other district, whose boundaries are
coterminous with a city, county, or city and county, may utilize the
objectives, criteria, and procedures of the city, county, or city and
county, as may be applicable, in which case, the school district or
other district need not adopt objectives, criteria, and procedures of
its own. The objectives, criteria, and procedures shall be
consistent with the provisions of this division and with the
guidelines adopted by the Secretary of the Resources Agency pursuant
to Section 21083. Such objectives, criteria, and procedures shall be
adopted by each public agency no later than 60 days after the
Secretary of the Resources Agency has adopted guidelines pursuant to
Section 21083.
21082.1. (a) Any draft environmental impact report, environmental
impact report, or negative declaration prepared pursuant to the
requirements of this division shall be prepared directly by, or under
contract to, a public agency.
(b) This section is not intended to prohibit, and shall not be
construed as prohibiting, any person from submitting information or
other comments to the public agency responsible for preparing an
environmental impact report, draft environmental impact report, or
negative declaration. The information or other comments may be
submitted in any format, shall be considered by the public agency,
and may be included, in whole or in part, in any report or
declaration.
(c) The lead agency shall do all of the following:
(1) Independently review and analyze any report or declaration
required by this division.
(2) Circulate draft documents which reflect its independent
judgment.
(3) As part of the adoption of a negative declaration or
certification of an environmental impact report, find that the report
or declaration reflects the independent judgment of the lead agency.
21082.2. (a) The lead agency shall determine whether a project may
have a significant effect on the environment based on substantial
evidence in light of the whole record.
(b) The existence of public controversy over the environmental
effects of a project shall not require preparation of an
environmental impact report if there is no substantial evidence in
light of the whole record before the lead agency that the project may
have a significant effect on the environment.
(c) Argument, speculation, unsubstantiated opinion or narrative,
evidence which is clearly inaccurate or erroneous, or evidence of
social or economic impacts which do not contribute to, or are not
caused by, physical impacts on the environment, is not substantial
evidence. Substantial evidence shall include facts, reasonable
assumptions predicated upon facts, and expert opinion supported by
facts.
(d) If there is substantial evidence, in light of the whole record
before the lead agency, that a project may have a significant effect
on the environment, an environmental impact report shall be
prepared.
(e) Statements in an environmental impact report and comments with
respect to an environmental impact report shall not be deemed
determinative of whether the project may have a significant effect on
the environment.
21083. The Office of Planning and Research shall prepare and
develop proposed guidelines for the implementation of this division
by public agencies. The guidelines shall include objectives and
criteria for the orderly evaluation of projects and the preparation
of environmental impact reports and negative declarations in a manner
consistent with this division.
The guidelines shall specifically include criteria for public
agencies to follow in determining whether or not a proposed project
may have a "significant effect on the environment." The criteria
shall require a finding that a project may have a "significant effect
on the environment" if any of the following conditions exist:
(a) A proposed project has the potential to degrade the quality of
the environment, curtail the range of the environment, or to achieve
short-term, to the disadvantage of long-term, environmental goals.
(b) The possible effects of a project are individually limited but
cumulatively considerable. As used in this subdivision,
"cumulatively considerable" means that the incremental effects of an
individual project are considerable when viewed in connection with
the effects of past projects, the effects of other current projects,
and the effects of probable future projects.
(c) The environmental effects of a project will cause substantial
adverse effects on human beings, either directly or indirectly.
The guidelines shall also include procedures for determining the
lead agency pursuant to Section 21165.
The guidelines shall also include criteria for public agencies to
use in determining when a proposed project is of sufficient
statewide, regional, or areawide environmental significance that it
should be submitted to appropriate state agencies for review and
comment prior to completion of an environmental impact report or
negative declaration thereon.
The Office of Planning and Research shall develop and prepare the
proposed guidelines as soon as possible and shall transmit them
immediately to the Secretary of the Resources Agency. The Secretary
of the Resources Agency shall certify and adopt the guidelines
pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of
Division 3 of Title 2 of the Government Code, which shall become
effective upon the filing thereof. However, the guidelines shall not
be adopted without compliance with Sections 11346.4, 11346.5, and
11346.8 of the Government Code.
21083.1. It is the intent of the Legislature that courts,
consistent with generally accepted rules of statutory interpretation,
shall not interpret this division or the state guidelines adopted
pursuant to Section 21083 in a manner which imposes procedural or
substantive requirements beyond those explicitly stated in this
division or in the state guidelines.
21083.2. (a) As part of the determination made pursuant to Section
21080.1, the lead agency shall determine whether the project may have
a significant effect on archaeological resources. If the lead
agency determines that the project may have a significant effect on
unique archaeological resources, the environmental impact report
shall address the issue of those resources. An environmental impact
report, if otherwise necessary, shall not address the issue of
nonunique archaeological resources. A negative declaration shall be
issued with respect to a project if, but for the issue of nonunique
archaeological resources, the negative declaration would be otherwise
issued.
(b) If it can be demonstrated that a project will cause damage to
a unique archaeological resource, the lead agency may require
reasonable efforts to be made to permit any or all of these resources
to be preserved in place or left in an undisturbed state. Examples
of that treatment, in no order of preference, may include, but are
not limited to, any of the following:
(1) Planning construction to avoid archaeological sites.
(2) Deeding archaeological sites into permanent conservation
easements.
(3) Capping or covering archaeological sites with a layer of soil
before building on the sites.
(4) Planning parks, greenspace, or other open space to incorporate
archaeological sites.
(c) To the extent that unique archaeological resources are not
preserved in place or not left in an undisturbed state, mitigation
measures shall be required as provided in this subdivision. The
project applicant shall provide a guarantee to the lead agency to pay
one-half the estimated cost of mitigating the significant effects of
the project on unique archaeological resources. In determining
payment, the lead agency shall give due consideration to the in-kind
value of project design or expenditures that are intended to permit
any or all archaeological resources or California Native American
culturally significant sites to be preserved in place or left in an
undisturbed state. When a final decision is made to carry out or
approve the project, the lead agency shall, if necessary, reduce the
specified mitigation measures to those which can be funded with the
money guaranteed by the project applicant plus the money voluntarily
guaranteed by any other person or persons for those mitigation
purposes. In order to allow time for interested persons to provide
the funding guarantee referred to in this subdivision, a final
decision to carry out or approve a project shall not occur sooner
than 60 days after completion of the recommended special
environmental impact report required by this section.
(d) Excavation as mitigation shall be restricted to those parts of
the unique archaeological resource that would be damaged or
destroyed by the project. Excavation as mitigation shall not be
required for a unique archaeological resource if the lead agency
determines that testing or studies already completed have adequately
recovered the scientifically consequential information from and about
the resource, if this determination is documented in the
environmental impact report.
(e) In no event shall the amount paid by a project applicant for
mitigation measures required pursuant to subdivision (c) exceed the
following amounts:
(1) An amount equal to one-half of 1 percent of the projected cost
of the project for mitigation measures undertaken within the site
boundaries of a commercial or industrial project.
(2) An amount equal to three-fourths of 1 percent of the projected
cost of the project for mitigation measures undertaken within the
site boundaries of a housing project consisting of a single unit.
(3) If a housing project consists of more than a single unit, an
amount equal to three-fourths of 1 percent of the projected cost of
the project for mitigation measures undertaken within the site
boundaries of the project for the first unit plus the sum of the
following:
(A) Two hundred dollars ($200) per unit for any of the next 99
units.
(B) One hundred fifty dollars ($150) per unit for any of the next
400 units.
(C) One hundred dollars ($100) per unit in excess of 500 units.
(f) Unless special or unusual circumstances warrant an exception,
the field excavation phase of an approved mitigation plan shall be
completed within 90 days after final approval necessary to implement
the physical development of the project or, if a phased project, in
connection with the phased portion to which the specific mitigation
measures are applicable. However, the project applicant may extend
that period if he or she so elects. Nothing in this section shall
nullify protections for Indian cemeteries under any other provision
of law.
(g) As used in this section, "unique archaeological resource"
means an archaeological artifact, object, or site about which it can
be clearly demonstrated that, without merely adding to the current
body of knowledge, there is a high probability that it meets any of
the following criteria:
(1) Contains information needed to answer important scientific
research questions and that there is a demonstrable public interest
in that information.
(2) Has a special and particular quality such as being the oldest
of its type or the best available example of its type.
(3) Is directly associated with a scientifically recognized
important prehistoric or historic event or person.
(h) As used in this section, "nonunique archaeological resource"
means an archaeological artifact, object, or site which does not meet
the criteria in subdivision (g). A nonunique archaeological
resource need be given no further consideration, other than the
simple recording of its existence by the lead agency if it so elects.
(i) As part of the objectives, criteria, and procedures required
by Section 21082 or as part of conditions imposed for mitigation, a
lead agency may make provisions for archaeological sites accidentally
discovered during construction. These provisions may include an
immediate evaluation of the find. If the find is determined to be a
unique archaeological resource, contingency funding and a time
allotment sufficient to allow recovering an archaeological sample or
to employ one of the avoidance measures may be required under the
provisions set forth in this section. Construction work may continue
on other parts of the building site while archaeological mitigation
takes place.
(j) This section does not apply to any project described in
subdivision (a) or (b) of Section 21065 if the lead agency elects to
comply with all other applicable provisions of this division. This
section does not apply to any project described in subdivision (c) of
Section 21065 if the applicant and the lead agency jointly elect to
comply with all other applicable provisions of this division.
(k) Any additional costs to any local agency as a result of
complying with this section with respect to a project of other than a
public agency shall be borne by the project applicant.
(l) Nothing in this section is intended to affect or modify the
requirements of Section 21084 or 21084.1.
21083.3. (a) If a parcel has been zoned to accommodate a particular
density of development or has been designated in a community plan to
accommodate a particular density of development and an environmental
impact report was certified for that zoning or planning action, the
application of this division to the approval of any subdivision map
or other project that is consistent with the zoning or community plan
shall be limited to effects upon the environment which are peculiar
to the parcel or to the project and which were not addressed as
significant effects in the prior environmental impact report, or
which substantial new information shows will be more significant than
described in the prior environmental impact report.
(b) If a development project is consistent with the general plan
of a local agency and an environmental impact report was certified
with respect to that general plan, the application of this division
to the approval of that development project shall be limited to
effects on the environment which are peculiar to the parcel or to the
project and which were not addressed as significant effects in the
prior environmental impact report, or which substantial new
information shows will be more significant than described in the
prior environmental impact report.
(c) Nothing in this section affects any requirement to analyze
potentially significant offsite impacts and cumulative impacts of the
project not discussed in the prior environmental impact report with
respect to the general plan. However, all public agencies with
authority to mitigate the significant effects shall undertake or
require the undertaking of any feasible mitigation measures specified
in the prior environmental impact report relevant to a significant
effect which the project will have on the environment or, if not,
then the provisions of this section shall have no application to that
effect. The lead agency shall make a finding, at a public hearing,
as to whether those mitigation measures will be undertaken.
(d) An effect of a project upon the environment shall not be
considered peculiar to the parcel or to the project, for purposes of
this section, if uniformly applied development policies or standards
have been previously adopted by the city or county, with a finding
based upon substantial evidence, which need not include an
environmental impact report, that the development policies or
standards will substantially mitigate that environmental effect when
applied to future projects, unless substantial new information shows
that the policies or standards will not substantially mitigate the
environmental effect.
(e) Where a community plan is the basis for application of this
section, any rezoning action consistent with the community plan shall
be a project subject to exemption from this division in accordance
with this section. As used in this section, "community plan" means a
part of the general plan of a city or county which (1) applies to a
defined geographic portion of the total area included in the general
plan, (2) complies with Article 5 (commencing with Section 65300) of
Chapter 3 of Division 1 of Title 7 of the Government Code by
including or referencing each of the mandatory elements specified in
Section 65302 of the Government Code, and (3) contains specific
development policies adopted for the area included in the community
plan and identifies measures to implement those policies, so that the
policies which will apply to each parcel can be determined.
(f) No person shall have standing to bring an action or proceeding
to attack, review, set aside, void, or annul a finding of a public
agency made at a public hearing pursuant to subdivision (a) with
respect to the conformity of the project to the mitigation measures
identified in the prior environmental impact report for the zoning or
planning action, unless he or she has participated in that public
hearing. However, this subdivision shall not be applicable if the
local agency failed to give public notice of the hearing as required
by law. For purposes of this subdivision, a person has participated
in the public hearing if he or she has either submitted oral or
written testimony regarding the proposed determination, finding, or
decision prior to the close of the hearing.
(g) Any community plan adopted prior to January 1, 1982, which
does not comply with the definitional criteria specified in
subdivision (e) may be amended to comply with that criteria, in which
case the plan shall be deemed a "community plan" within the meaning
of subdivision (e) if (1) an environmental impact report was
certified for adoption of the plan, and (2) at the time of the
conforming amendment, the environmental impact report has not been
held inadequate by a court of this state and is not the subject of
pending litigation challenging its adequacy.
21083.5. (a) The guidelines prepared and adopted pursuant to
Section 21083 shall provide that, when an environmental impact
statement has been, or will be, prepared for the same project
pursuant to the requirements of the National Environmental Policy Act
of 1969 (42 U.S.C. Sec. 4321 et seq.) and implementing regulations,
or an environmental impact report has been, or will be, prepared for
the same project pursuant to the requirements of the Tahoe Regional
Planning Compact (Section 66801 of the Government Code) and
implementing regulations, all or any part of that statement or report
may be submitted in lieu of all or any part of an environmental
impact report required by this division, if that statement or report,
or the part which is used, complies with the requirements of this
division and the guidelines adopted pursuant thereto.
(b) Notwithstanding subdivision (a), compliance with this division
may be achieved for the adoption in a city or county general plan,
without any additions or change, of all or any part of the regional
plan prepared pursuant to the Tahoe Regional Planning Compact and
implementing regulations by reviewing environmental documents
prepared by the Tahoe Regional Planning Agency addressing the plan,
providing an analysis pursuant to this division of any significant
effect on the environment not addressed in the environmental
documents, and proceeding in accordance with Section 21081. This
subdivision does not exempt a city or county from complying with the
public review and notice requirements of this division.
21083.6. In the event that a project requires both an environmental
impact report prepared pursuant to the requirements of this division
and an environmental impact statement prepared pursuant to the
requirements of the National Environmental Policy Act of 1969, an
applicant may request and the lead agency may waive the time limits
established pursuant to Section 21100.2 or 21151.5 if it finds that
additional time is required to prepare a combined environmental
impact report-environmental impact statement and that the time
required to prepare such a combined document would be shorter than
that required to prepare each document separately.
21083.7. (a) In the event that a project requires both an
environmental impact report prepared pursuant to the requirements of
this division and an environmental impact statement prepared pursuant
to the requirements of the National Environmental Policy Act of
1969, the lead agency shall, whenever possible, use the environmental
impact statement as such environmental impact report as provided in
Section 21083.5.
(b) In order to implement this section, each lead agency to which
this section is applicable shall do both of the following, as soon as
possible:
(1) Consult with the federal agency required to prepare such
environmental impact statement.
(2) Notify the federal agency required to prepare the
environmental impact statement regarding any scoping meeting for the
proposed project.
21083.8.1. (a) (1) For purposes of this section, "reuse plan" for a
military base or reservation has the same meaning as the term as
defined in paragraph (1) of subdivision (a) of Section 21083.8,
except that the reuse plan shall also consist of a statement of
development policies, include a diagram or diagrams illustrating its
provisions, and make the designation required in paragraph (2) of
this section.
(2) The reuse plan shall designate the proposed general
distribution and general location of development intensity for
housing, business, industry, open space, recreation, natural
resources, public buildings and grounds, roads and other
transportation facilities, infrastructure, and other categories of
public and private uses of land.
(b) (1) When preparing and certifying an environmental impact
report for a reuse plan, including when utilizing an environmental
impact statement pursuant to Section 21083.5, in addition to the
procedure authorized pursuant to subdivision (b) of Section 21083.8,
the determination of whether the reuse plan may have a significant
effect on the environment may be made in the context of the physical
conditions which were present at the time that the federal decision
became final for the closure or realignment of the base or
reservation. The no project alternative analyzed in the
environmental impact report shall discuss the existing conditions on
the base, as they exist at the time that the environmental impact
report is prepared, as well as what could be reasonably expected to
occur in the foreseeable future if the reuse plan were not approved,
based on current plans and consistent with available infrastructure
and services.
(2) For purposes of this division, all public and private
activities taken pursuant to, or in furtherance of, a reuse plan
shall be deemed to be a single project. However, further
environmental review of any such public or private activity shall be
conducted if any of the events specified in Section 21166 have
occurred.
(c) Prior to preparing an environmental impact report for which a
lead agency chooses to utilize the provisions of this section, the
lead agency shall do all of the following:
(A) Hold a public hearing at which is discussed the federal
environmental impact statement prepared for, or in the process of
being prepared for, the closure of the military base or reservation.
The discussion shall include the significant effects on the
environment examined in the environmental impact statement, potential
methods of mitigating those effects, including feasible
alternatives, and the mitigative effects of federal, state, and local
laws applicable to future nonmilitary activities. Prior to the
close of the hearing, the lead agency may specify the baseline
conditions for the reuse plan environmental impact report prepared,
or in the process of being prepared, for the closure of the base or
reservation. The lead agency may specify particular physical
conditions which it will examine in greater detail than were examined
in the environmental impact statement. Notice of the hearing shall
be given as provided in Section 21092. The hearing may be continued
from time to time.
(B) Identify pertinent responsible agencies and trustee agencies
and consult with those agencies prior to the public hearing as to the
application of their regulatory policies and permitting standards to
the proposed baseline for environmental analysis, as well as to the
reuse plan and planned future nonmilitary land uses of the base or
reservation. The affected agencies shall have not less than 30 days
prior to the public hearing to review the proposed reuse plan and to
submit their comments to the lead agency.
(C) At the close of the hearing, the lead agency shall state in
writing how the lead agency intends to integrate the baseline for
analysis with the reuse planning and environmental review process,
taking into account the adopted environmental standards of the
community, including, but not limited to, the applicable general
plan, specific plan, and redevelopment plan, and including other
applicable provisions of adopted congestion management plans, habitat
conservation or natural communities conservation plans, integrated
waste management plans, and county hazardous waste management plans.
(D) At the close of the hearing, the lead agency shall state, in
writing, the specific economic or social reasons, including, but not
limited to, new job creation, opportunities for employment of skilled
workers, availability of low and moderate income housing, and
economic continuity, which support the selection of the baseline.
(d) (1) Nothing in this section shall in any way limit the scope
of a review or determination of significance of the presence of
hazardous or toxic wastes, substances, or materials including, but
not limited to, contaminated soils and groundwater, nor shall the
regulation of hazardous or toxic wastes, substances, or materials be
constrained by prior levels of activity that existed at the time that
the federal agency decision to close the military base or
reservation became final.
(2) This section does not apply to any project undertaken pursuant
to Chapter 6.5 (commencing with Section 25100) of, or Chapter 6.8
(commencing with Section 25300) of, Division 20 of the Health and
Safety Code, or pursuant to the Porter-Cologne Water Quality Control
Act (Division 7 (commencing with Section 13000) of the Water Code).
(3) This section may apply to any reuse plan environmental impact
report for which a notice of preparation pursuant to subdivision (a)
of Section 21092 is issued within one year from the date that the
federal record of decision was rendered for the military base or
reservation closure or realignment and reuse, or prior to January 1,
1997, whichever is later, if the environmental impact report is
completed and certified within five years from the date that the
federal record of decision was rendered.
(e) All subsequent development at the military base or reservation
site shall be subject to all applicable federal, state, or local
laws, including, but not limited to, those relating to air quality,
water quality, traffic, threatened and endangered species, noise, and
hazardous or toxic wastes, substances, or materials.
21083.9. Notwithstanding Section 21080.4, 21104, or 21153, a lead
agency shall call at least one scoping meeting for a proposed project
which 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.
21084. (a) The guidelines prepared and adopted pursuant to Section
21083 shall include a list of classes of projects which have been
determined not to have a significant effect on the environment and
which shall be exempt from this division. In adopting the
guidelines, the Secretary of the Resources Agency shall make a
finding that the listed classes of projects referred to in this
section do not have a significant effect on the environment.
(b) No project which may result in damage to scenic resources,
including, but not limited to, trees, historic buildings, rock
outcroppings, or similar resources, within a highway designated as an
official state scenic highway, pursuant to Article 2.5 (commencing
with Section 260) of Chapter 2 of Division 1 of the Streets and
Highways Code, shall be exempted from this division pursuant to
subdivision (a). This subdivision does not apply to improvements as
mitigation for a project for which a negative declaration has been
approved or an environmental impact report has been certified.
(c) No project located on a site which is included on any list
compiled pursuant to Section 65962.5 of the Government Code shall be
exempted from this division pursuant to subdivision (a).
(d) The changes made to this section by Chapter 1212 of the
Statutes of 1991 apply only to projects for which applications have
not been deemed complete on or before January 1, 1992, pursuant to
Section 65943 of the Government Code.
(e) No project that may cause a substantial adverse change in the
significance of an historical resource, as specified in Section
21084.1, shall be exempted from this division pursuant to subdivision
(a).
21084.1. A project that may cause a substantial adverse change in
the significance of an historical resource is a project that may have
a significant effect on the environment. For purposes of this
section, an historical resource is a resource listed in, or
determined to be eligible for listing in, the California Register of
Historical Resources. Historical resources included in a local
register of historical resources, as defined in subdivision (k) of
Section 5020.1, or deemed significant pursuant to criteria set forth
in subdivision (g) of Section 5024.1, are presumed to be historically
or culturally significant for purposes of this section, unless the
preponderance of the evidence demonstrates that the resource is not
historically or culturally significant. The fact that a resource is
not listed in, or determined to be eligible for listing in, the
California Register of Historical Resources, not included in a local
register of historical resources, or not deemed significant pursuant
to criteria set forth in subdivision (g) of Section 5024.1 shall not
preclude a lead agency from determining whether the resource may be
an historical resource for purposes of this section.
21084.2. The Office of Planning and Research shall, at the next
revision of the California Environmental Quality Act Guidelines
(Chapter 3 (commencing with Section 15000) of Division 6 of Title 14
of the California Code of Regulations) which takes place after
January 1, 1996, pursuant to Section 21087, recommend changes to
those guidelines that would determine if Sections 15301, 15302, and
15304 of Title 14 of the California Code of Regulations apply to the
treatment of medical waste by steam sterilization. If the office
determines that those provisions of the guidelines apply, consistent
with existing law, to that treatment, the office shall recommend
clarifying revisions to the guidelines to expressly state that the
treatment is subject to a categorical exemption under those
provisions of the guidelines. If the office determines that those
provisions of the guidelines do not categorically exempt that
treatment, and if such an exemption is consistent with existing law,
the office shall recommend a categorical exemption for the treatment
in its recommended revision of the guidelines.
21085. With respect to a project which includes housing
development, a public agency shall not, pursuant to this division,
reduce the proposed number of housing units as a mitigation measure
or project alternative for a particular significant effect on the
environment if it determines that there is another feasible specific
mitigation measure or project alternative that would provide a
comparable level of mitigation. This section shall not affect any
other requirement regarding the residential density of that project.
21085.7. (a) (1) If an environmental impact report for a project at
an airport that is owned by a city and county and that is located in
another county identifies as a proposed mitigation measure the
acquisition, enhancement, and restoration of salt ponds and the lead
agency proposes the payment of funds to one or more public agencies
to mitigate the impacts of the proposed project and the public agency
or agencies propose to use those funds to acquire, enhance, and
restore land, the lead agency shall include in the environmental
impact report on the proposed project a detailed statement of the
mitigation measure, including all of the following:
(A) An analysis of the relationship between the impacts of the
proposed project and the benefits of the proposed acquisition,
enhancement, and restoration of land that the payment of funds would
allow.
(B) An analysis of the feasibility of the proposed acquisition,
enhancement, and restoration.
(C) A discussion of the expected impacts of the proposed
acquisition, enhancement, and restoration.
(2) The detailed statement of the mitigation measure shall consist
of the following:
(A) Information in existence at the time the environmental impact
report is prepared, including the restoration goals specific to salt
ponds as identified in the San Francisco Estuary Baylands Ecosystem
Goals Report published in 1999.
(B) Information that is reasonably obtainable, including, but not
limited to, a hydrodynamic analysis of potential flood impacts, and
analyses regarding the potential for the following:
(i) Changes to the waters and tidal currents of the southern
portions of the San Francisco Bay.
(ii) Potential alterations to the San Francisco Bay floor.
(iii) Related impacts on water quality.
(3) If, at the time of the publication of the draft environmental
impact report, a restoration plan has not been adopted by a public
agency with jurisdiction to carry out the restoration project, the
lead agency for the airport project need not prepare a detailed
restoration plan or analyze the impacts of a restoration plan for the
lands proposed for acquisition, enhancement, and restoration;
however, the lead agency shall evaluate a conceptual restoration
plan, and shall fully evaluate a potentially feasible alternate
mitigation measure that does not depend on the salt ponds.
(b) If the lead agency for the airport project approves the
proposed project and approves the payment of funds for the
acquisition, enhancement, and restoration of land as a mitigation
measure, it shall make both such approvals contingent upon an
agreement between the lead agency and the public agency or agencies
wherein the public agency or agencies agree to use the funds solely
for the following purposes:
(1) The acquisition, enhancement, and restoration of the lands
identified by the lead agency in its detailed statement of the
mitigation measure.
(2) The preparation and implementation of a restoration plan that,
at a minimum, mitigates the significant impact that would be
substantially lessened or avoided by implementation of the mitigation
measure as identified in the final environmental impact report
certified by the lead agency.
(c) The agreement described in subdivision (b) shall identify a
feasible alternative mitigation measure to be implemented if the
restoration of all or a portion of the salt ponds proves to be
infeasible, as determined by the lead agency.
(d) Nothing in this section shall be interpreted to assess or
assign liability with respect to the salt ponds.
(e) Funds for the costs of mitigation shall include the costs of
the environmental reviews conducted by a state agency of the
restoration plan prepared by a state agency.
(f) This section shall only apply to the acquisition, enhancement,
and restoration of salt ponds located in the southerly portion of
the San Francisco Bay.
(g) As used in this section, "acquisition, enhancement, and
restoration" also includes acquisition, enhancement, or restoration.
(h) This section shall remain in effect only until January 1,
2008, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2008, deletes or extends
that date.
21086. A public agency may, at any time, request the addition or
deletion of a class of projects, to the list designated pursuant to
Section 21084. Such a request shall be made in writing to the Office
of Planning and Research and shall include information supporting
the public agency's position that such class of projects does, or
does not, have a significant effect on the environment.
The Office of Planning and Research shall review each such request
and, as soon as possible, shall submit its recommendation to the
Secretary of the Resources Agency. Following the receipt of such
recommendation, the Secretary of the Resources Agency may add or
delete the class of projects to the list of classes of projects
designated pursuant to Section 21084 which are exempt from the
requirements of this division.
The addition or deletion of a class of projects, as provided in
this section, to the list specified in Section 21084 shall constitute
an amendment to the guidelines adopted pursuant to Section 21083 and
shall be adopted in the manner prescribed in Sections 21083, 21084,
and 21087.
21087. (a) The Office of Planning and Research shall, at least once
every two years, review the guidelines adopted pursuant to Section
21083 and shall recommend proposed changes or amendments to the
Secretary of the Resources Agency. The Secretary of the Resources
Agency shall certify and adopt guidelines, and any amendments
thereto, at least once every two years, pursuant to Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code, which shall become effective upon the filing
thereof. However, guidelines shall not be adopted or amended without
compliance with Sections 11346.4, 11346.5, and 11346.8 of the
Government Code.
(b) Within six months of the enactment of AB 314 of the 1993-94
Regular Session of the Legislature, the Office of Planning and
Research shall recommend proposed changes and the Secretary of the
Resources Agency shall certify and adopt revisions to the guidelines
pursuant to Section 21083 to reflect the changes to this division
enacted during the 1993-94 Regular Session of the Legislature.
21088. The Secretary of the Resources Agency shall provide for the
timely distribution to all public agencies of the guidelines and any
amendments or changes thereto. In addition, the Secretary of the
Resources Agency may provide for publication of a bulletin to provide
public notice of the guidelines, or any amendments or changes
thereto, and of the completion of environmental impact reports
prepared in compliance with this division.
21089. (a) A lead agency may charge and collect a reasonable fee
from any person proposing a project subject to this division in order
to recover the estimated costs incurred by the lead agency in
preparing a negative declaration or an environmental impact report
for the project and for procedures necessary to comply with this
division on the project. Litigation expenses, costs, and fees
incurred in actions alleging noncompliance with this division under
Section 21167 are not recoverable under this section.
(b) The Department of Fish and Game may charge and collect filing
fees, as provided in Section 711.4 of the Fish and Game Code.
Notwithstanding Section 21080.1, a finding required under Section
21081, or any project approved under a certified regulatory program
authorized pursuant to Section 21080.5 is not operative, vested, or
final until the filing fees required pursuant to Section 711.4 of the
Fish and Game Code are paid.
21090. For all purposes of this division, all public and private
activities or undertakings pursuant to, or in furtherance of, a
redevelopment plan shall be deemed to be a single project. However,
further environmental review of any public or private activity or
undertaking pursuant to, or in furtherance of, a redevelopment plan
shall be conducted if any of the events specified in Section 21166
have occurred.
21090.1. For all purposes of this division, a geothermal
exploratory project shall be deemed to be separate and distinct from
any subsequent geothermal field development project as defined in
Section 65928.5 of the Government Code.
21091. (a) The public review period for a draft environmental
impact report 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.
(b) The public review period for a proposed negative declaration
shall not be less than 20 days. If the proposed negative declaration
is submitted to the State Clearinghouse for review, the review
period shall be at least 30 days.
(c) Notwithstanding subdivisions (a) and (b), if a draft
environmental impact report or a proposed 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 by the State Clearinghouse.
(d) (1) The lead agency shall consider any comments it receives on
a draft environmental impact report or on a proposed negative
declaration, which are received within the public review period.
(2) (A) With respect to the consideration of comments received on
a draft environmental impact report, the lead agency shall evaluate
any 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 any
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.
(e) (1) Criteria for shorter review periods by the State
Clearinghouse for documents which must 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 shall not be less than 30 days
for a draft environmental impact report and 20 days for a negative
declaration.
(3) Any 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. Any designated person shall notify the
decisionmaking body of this request.
(4) Any 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 shall not be approved by the Office
of Planning and Research for any proposed project of statewide,
regional, or areawide environmental significance as determined
pursuant to Section 21083.
(6) Any 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 any comments that were
received and considered pursuant to paragraph (1) of subdivision
(d).
21092. (a) Any lead agency which is preparing an environmental
impact report or a negative declaration or making a determination
pursuant to Section 21157 shall provide public notice of that fact
within a reasonable period of time prior to certification of the
environmental impact report or adoption of the negative declaration.
(b) (1) The notice shall specify the period during which comments
will be received on the draft environmental report or negative
declaration, and shall include the date, time, and place of any
public meetings or hearings on the proposed project, a brief
description of the proposed project and its location, the significant
effects on the environment, if any, anticipated as a result of the
project, and the address where copies of the draft environmental
impact report or negative declaration, and all documents referenced
in the draft environmental impact report or negative declaration, are
available for review.
(2) This section shall not be construed in any manner which
results in the invalidation of an action because of the alleged
inadequacy of the notice content, provided that there has been
substantial compliance with the notice content requirements of this
section.
(3) The notice required by this section shall be given to the last
known name and address of all organizations and individuals who have
previously requested notice and shall also be given by at least one
of the following procedures:
(A) Publication, no fewer times than required by Section 6061 of
the Government Code, by the public agency in a newspaper of general
circulation in the area affected by the proposed project. If more
than one area will be affected, the notice shall be published in the
newspaper of largest circulation from among the newspapers of general
circulation in those areas.
(B) Posting of notice by the lead agency on- and off-site in the
area where the project is to be located.
(C) Direct mailing to the owners and occupants of contiguous
property shown on the latest equalized assessment roll.
(c) For any project involving the burning of municipal wastes,
hazardous waste, or refuse-derived fuel, including, but not limited
to, tires, meeting the qualifications of subdivision (d), notice
shall be given to all organizations and individuals who have
previously requested notice and shall also be given by at least the
procedures specified in subparagraphs (A), (B), and (C) of paragraph
(3) of subdivision (b). In addition, notification shall be given by
direct mailing to the owners and occupants of property within
one-fourth of a mile of any parcel or parcels on which is located a
project subject to this subdivision. This subdivision does not apply
to any project for which notice has already been provided as of July
14, 1989, in compliance with this section as it existed prior to
July 14, 1989.
(d) The notice requirements of subdivision (c) apply to both of
the following:
(1) The construction of a new facility.
(2) The expansion of an existing facility which burns hazardous
waste which would increase its permitted capacity by more than 10
percent. For purposes of this paragraph, the amount of expansion of
an existing facility shall be calculated by comparing the proposed
facility capacity with whichever of the following is applicable:
(A) The facility capacity approved in the facility's hazardous
waste facilities permit pursuant to Section 25200 of the Health and
Safety Code or its grant of interim status pursuant to Section
25200.5 of the Health and Safety Code, or the facility capacity
authorized in any state or local agency permit allowing the
construction or operation of a facility for the burning of hazardous
waste, granted before January 1, 1990.
(B) The facility capacity authorized in the facility's original
hazardous waste facilities permit, grant of interim status, or any
state or local agency permit allowing the construction or operation
of a facility for the burning of hazardous waste, granted on or after
January 1, 1990.
(e) The notice requirements specified in subdivision (b) or (c)
shall not preclude a public agency from providing additional notice
by other means if the agency so desires, or from providing the public
notice required by this section at the same time and in the same
manner as public notice otherwise required by law for the project.
21092.1. When significant new information is added to an
environmental impact report after notice has been given pursuant to
Section 21092 and consultation has occurred pursuant to Sections
21104 and 21153, but prior to certification, the public agency shall
give notice again pursuant to Section 21092, and consult again
pursuant to Sections 21104 and 21153 before certifying the
environmental impact report.
21092.2. The notices required pursuant to Sections 21080.4, 21092,
21108, and 21152 shall be mailed to any person who has filed a
written request for notices with either the clerk of the governing
body or, if there is no governing body, the director of the agency.
The request may also be filed with any other person designated by the
governing body or director to receive these requests. The agency
may require requests for notices to be annually renewed. The public
agency may charge a fee, except to other public agencies, which is
reasonably related to the costs of providing this service. This
section shall not be construed in any manner which results in the
invalidation of an action because of the failure of a person to
receive a requested notice, provided that there has been substantial
compliance with the requirements of this section.
21092.3. The notices required pursuant to Sections 21080.4 and
21092 for an environmental impact report shall be posted in the
office of the county clerk of each county in which the project will
be located and shall remain posted for a period of 30 days. The
notice required pursuant to Section 21092 for a negative declaration
shall be so posted for a period of 20 days, unless otherwise required
by law to be posted for 30 days. The county clerk shall post the
notices within 24 hours of receipt.
21092.4. (a) For a project of statewide, regional, or areawide
significance, the lead agency shall consult with transportation
planning agencies and public agencies which have transportation
facilities within their jurisdictions which could be affected by the
project. Consultation shall be conducted in the same manner as for
responsible agencies pursuant to this division, and shall be for the
purpose of the lead agency obtaining information concerning the
project's effect on major local arterials, public transit, freeways,
highways, and rail transit service within the jurisdiction of a
transportation planning agency or a public agency which is consulted
by the lead agency. A transportation planning agency or public
agency which provides information to the lead agency shall be
notified of, and provided with copies of, environmental documents
pertaining to the project.
(b) As used in this section, "transportation facilities" includes
major local arterials and public transit within five miles of the
project site and freeways, highways, and rail transit service within
10 miles of the project site.
21092.5. (a) At least 10 days prior to certifying an environmental
impact report, the lead agency shall provide a written proposed
response to a public agency on comments made by that agency which
conform with the requirements of this division. Proposed responses
shall conform with the legal standards established for responses to
comments on draft environmental impact reports. Copies of responses
or the environmental document in which they are contained, prepared
in conformance with other requirements of this division and the
guidelines adopted pursuant to Section 21083, may be used to meet the
requirements imposed by this section.
(b) The lead agency shall notify any public agency which comments
on a negative declaration, of the public hearing or hearings, if any,
on the project for which the negative declaration was prepared. If
notice to the commenting public agency is provided pursuant to
Section 21092, the notice shall satisfy the requirement of this
subdivision.
(c) Nothing in this section requires the lead agency to respond to
comments not received within the comment periods specified in this
division, to reopen comment periods, or to delay acting on a negative
declaration or environmental impact report.
21092.6. (a) The lead agency shall consult the lists compiled
pursuant to Section 65962.5 of the Government Code to determine
whether the project and any alternatives are located on a site which
is included on any list. The lead agency shall indicate whether a
site is on any list not already identified by the applicant. The
lead agency shall specify the list and include the information in the
statement required pursuant to subdivision (f) of Section 65962.5 of
the Government Code, in the notice required pursuant to Section
21080.4, a negative declaration, and a draft environmental impact
report. The requirement in this section to specify any list shall
not be construed to limit compliance with this division.
(b) If a project or any alternatives are located on a site which
is included on any of the lists compiled pursuant to Section 65962.5
of the Government Code and the lead agency did not accurately specify
or did not specify any list pursuant to subdivision (a), the
California Environmental Protection Agency shall notify the lead
agency specifying any list with the site when it receives notice
pursuant to Section 21080.4, a negative declaration, and a draft
environmental impact report. The California Environmental Protection
Agency shall not be liable for failure to notify the lead agency
pursuant to this subdivision.
(c) This section applies only to projects for which applications
have not been deemed complete pursuant to Section 65943 of the
Government Code on or before January 1, 1992.
21093. (a) The Legislature finds and declares that tiering of
environmental impact reports will promote construction of needed
housing and other development projects by (1) streamlining regulatory
procedures, (2) avoiding repetitive discussions of the same issues
in successive environmental impact reports, and (3) ensuring that
environmental impact reports prepared for later projects which are
consistent with a previously approved policy, plan, program, or
ordinance concentrate upon environmental effects which may be
mitigated or avoided in connection with the decision on each later
project. The Legislature further finds and declares that tiering is
appropriate when it helps a public agency to focus upon the issues
ripe for decision at each level of environmental review and in order
to exclude duplicative analysis of environmental effects examined in
previous environmental impact reports.
(b) To achieve this purpose, environmental impact reports shall be
tiered whenever feasible, as determined by the lead agency.
21094. (a) Where a prior environmental impact report has been
prepared and certified for a program, plan, policy, or ordinance, the
lead agency for a later project that meets the requirements of this
section shall examine significant effects of the later project upon
the environment by using a tiered environmental impact report, except
that the report on the later project need not examine those effects
which the lead agency determines were either (1) mitigated or avoided
pursuant to paragraph (1) of subdivision (a) of Section 21081 as a
result of the prior environmental impact report, or (2) examined at a
sufficient level of detail in the prior environmental impact report
to enable those effects to be mitigated or avoided by site specific
revisions, the imposition of conditions, or by other means in
connection with the approval of the later project.
(b) This section applies only to a later project which the lead
agency determines (1) is consistent with the program, plan, policy,
or ordinance for which an environmental impact report has been
prepared and certified, (2) is consistent with applicable local land
use plans and zoning of the city, county, or city and county in which
the later project would be located, and (3) is not subject to
Section 21166.
(c) For purposes of compliance with this section, an initial study
shall be prepared to assist the lead agency in making the
determinations required by this section. The initial study shall
analyze whether the later project may cause significant effects on
the environment that were not examined in the prior environmental
impact report.
(d) All public agencies which propose to carry out or approve the
later project may utilize the prior environmental impact report and
the environmental impact report on the later project to fulfill the
requirements of Section 21081.
(e) When tiering is used pursuant to this section, an
environmental impact report prepared for a later project shall refer
to the prior environmental impact report and state where a copy of
the prior environmental impact report may be examined.
21095. (a) The Resources Agency, in consultation with the Office of
Planning and Research, shall develop an amendment to Appendix G of
the state guidelines, for adoption pursuant to Section 21083, to
provide lead agencies an optional methodology to ensure that
significant effects on the environment of agricultural land
conversions are quantitatively and consistently considered in the
environmental review process.
(b) The Department of Conservation, in consultation with the
United States Department of Agriculture pursuant to Section 658.6 of
Title 7 of the Code of Federal Regulations, and in consultation with
the Resources Agency and the Office of Planning and Research, shall
develop a state model land evaluation and site assessment system,
contingent upon the availability of funding from non-General Fund
sources. The department shall seek funding for that purpose from
non-General Fund sources, including, but not limited to, the United
States Department of Agriculture.
(c) In lieu of developing an amendment to Appendix G of the state
guidelines pursuant to subdivision (a), the Resources Agency may
adopt the state model land evaluation and site assessment system
developed pursuant to subdivision (b) as that amendment to Appendix
G.
21096. (a) If a lead agency prepares an environmental impact report
for a project situated within airport comprehensive land use plan
boundaries, or, if a comprehensive land use plan has not been
adopted, for a project within two nautical miles of a public airport
or public use airport, the Airport Land Use Planning Handbook
published by the Division of Aeronautics of the Department of
Transportation, in compliance with Section 21674.5 of the Public
Utilities Code and other documents, shall be utilized as technical
resources to assist in the preparation of the environmental impact
report as the report relates to airport-related safety hazards and
noise problems.
(b) A lead agency shall not adopt a negative declaration for a
project described in subdivision (a) unless the lead agency considers
whether the project will result in a safety hazard or noise problem
for persons using the airport or for persons residing or working in
the project area.
21100. (a) All lead agencies shall prepare, or cause to be prepared
by contract, and certify the completion of, an environmental impact
report on any project which they propose to carry out or approve that
may have a significant effect on the environment. Whenever
feasible, a standard format shall be used for environmental impact
reports.
(b) The environmental impact report shall include a detailed
statement setting forth all of the following:
(1) All significant effects on the environment of the proposed
project.
(2) In a separate section:
(A) Any significant effect on the environment that cannot be
avoided if the project is implemented.
(B) Any significant effect on the environment that would be
irreversible if the project is implemented.
(3) Mitigation measures proposed to minimize significant effects
on the environment, including, but not limited to, measures to reduce
the wasteful, inefficient, and unnecessary consumption of energy.
(4) Alternatives to the proposed project.
(5) The growth-inducing impact of the proposed project.
(c) The report shall also contain a statement briefly indicating
the reasons for determining that various effects on the environment
of a project are not significant and consequently have not been
discussed in detail in the environmental impact report.
(d) For purposes of this section, any significant effect on the
environment shall be limited to substantial, or potentially
substantial, adverse changes in physical conditions which exist
within the area as defined in Section 21060.5.
(e) Previously approved land use documents, including, but not
limited to, general plans, specific plans, and local coastal plans,
may be used in cumulative impact analysis.
21100.1. The information described in subparagraph (B) of paragraph
(2) of subdivision (b) of Section 21100 shall be required only in
environmental impact reports prepared in connection with the
following:
(a) The adoption, amendment, or enactment of a plan, policy, or
ordinance of a public agency.
(b) The adoption by a local agency formation commission of a
resolution making determinations.
(c) A project which will be subject to the requirement for
preparing an environmental impact statement pursuant to the
requirements of the National Environmental Policy Act of 1969.
21100.2. (a) (1) For projects described in subdivision (c) of
Section 21065, each state agency shall establish, by resolution or
order, time limits that do not exceed the following:
(A) One year for completing and certifying environmental impact
reports.
(B) One hundred eighty days for completing and adopting negative
declarations.
(2) The time limits specified in paragraph (1) shall apply only to
those circumstances in which the state agency is the lead agency for
a project. These resolutions or orders may establish different time
limits for different types or classes of projects, but all limits
shall be measured from the date on which an application requesting
approval of the project is received and accepted as complete by the
state agency.
(3) No application for a project may be deemed incomplete for lack
of a waiver of time periods prescribed in state regulations.
(4) The resolutions or orders required by this section may provide
for a reasonable extension of the time period in the event that
compelling circumstances justify additional time and the project
applicant consents thereto.
(b) If a draft environmental impact report, environmental impact
report, or focused environmental impact report is prepared under a
contract to a state agency, the contract shall be executed within 45
days from the date on which the state agency sends a notice of
preparation pursuant to Section 21080.4. The state agency may take
longer to execute the contract if the project applicant and the state
agency mutually agree to an extension of the time limit provided by
this subdivision.
21101. In regard to any proposed federal project in this state
which may have a significant effect on the environment and on which
the state officially comments, the state officials responsible for
such comments shall include in their report a detailed statement
setting forth the matters specified in Section 21100 prior to
transmitting the comments of the state to the federal government. No
report shall be transmitted to the federal government unless it
includes such a detailed statement as to the matters specified in
Section 21100.
21102. No state agency, board, or commission shall request funds,
nor shall any state agency, board, or commission which authorizes
expenditures of funds, other than funds appropriated in the Budget
Act, authorize funds for expenditure for any project, other than a
project involving only feasibility or planning studies for possible
future actions which the agency, board, or commission has not
approved, adopted or funded, which may have a significant effect on
the environment unless such request or authorization is accompanied
by an environmental impact report.
Feasibility and planning studies exempted by this section from the
preparation of an environmental impact report shall nevertheless
include consideration of environmental factors.
21104. (a) Prior to completing an environmental impact report, the
state lead agency shall consult with, and obtain comments from, each
responsible agency, any public agency which has jurisdiction by law
with respect to the project, and any city or county which borders on
a city or county within which the project is located unless otherwise
designated annually by agreement between the state lead agency and
the city or county, and may consult with any person who has special
expertise with respect to any environmental impact involved. In the
case of a project described in subdivision (c) of Section 21065, the
state lead agency shall, upon the request of the applicant, provide
for early consultation to identify the range of actions,
alternatives, mitigation measures, and significant effects to be
analyzed in depth in the environmental impact report. The state lead
agency may consult with persons identified by the applicant which
the applicant believes will be concerned with the environmental
effects of the project and may consult with members of the public who
have made a written request to be consulted on the project. A
request by the applicant for early consultation shall be made not
later than 30 days after the determination required by Section
21080.1 with respect to the project.
(b) The state lead agency shall consult with, and obtain comments
from, the State Air Resources Board in preparing an environmental
impact report on a highway or freeway project, as to the air
pollution impact of the potential vehicular use of the highway or
freeway.
(c) A responsible agency or other public agency shall only make
substantive comments regarding those activities involved in a project
which are within an area of expertise of the agency or which are
required to be carried out or approved by the agency. Those
comments shall be supported by specific documentation.
21104.2. The state lead agency shall consult with, and obtain
written findings from, the Department of Fish and Game in preparing
an environmental impact report on a project, as to the impact of the
project on the continued existence of any endangered species or
threatened species pursuant to Article 4 (commencing with Section
2090) of Chapter 1.5 of Division 3 of the Fish and Game Code.
21105. The state lead agency shall include the environmental impact
report as a part of the regular project report used in the existing
review and budgetary process. It shall be available to the
Legislature. It shall also be available for inspection by any member
of the general public, who may secure a copy thereof by paying for
the actual cost of such a copy. It shall be filed by the state lead
agency with the appropriate local planning agency of any city,
county, or city and county which will be affected by the project.
21106. All state agencies, boards, and commissions shall request in
their budgets the funds necessary to protect the environment in
relation to problems caused by their activities.
21108. (a) Whenever a state agency, board, or commission approves
or determines to carry out a project which is subject to this
division, it shall file notice of that approval or that determination
with the Office of Planning and Research. The notice shall indicate
the determination of the agency, board, or commission whether the
project will, or will not, have a significant effect on the
environment and shall indicate whether an environmental impact report
has been prepared pursuant to this division.
(b) Whenever a state agency, board, or commission determines that
a project is not subject to this division pursuant to subdivision (b)
of Section 21080 or pursuant to Section 21085 or 21172, and it
approves or determines to carry out that project, it, or the person
specified in subdivision (b) or (c) of Section 21065, may file notice
of the determination with the Office of Planning and Research. Any
notice filed pursuant to this subdivision by a person specified in
subdivision (b) or (c) of Section 21065 shall have a certificate of
determination attached to it issued by the state agency, board, or
commission responsible for making the determination that a project is
not subject to the provisions of this division pursuant to
subdivision (b) of Section 21080 or pursuant to Section 21085 or
21172. The certificate of determination may be in the form of a
certified copy of an existing document or record of the state agency,
board, or commission.
(c) All notices filed pursuant to this section shall be available
for public inspection, and a list of these notices shall be posted on
a weekly basis in the Office of Planning and Research. Each list
shall remain posted for a period of 30 days.
21150. State agencies, boards, and commissions, responsible for
allocating state or federal funds on a project-by-project basis to
local agencies for any project which may have a significant effect on
the environment, shall require from the responsible local
governmental agency a detailed statement setting forth the matters
specified in Section 21100 prior to the allocation of any funds other
than funds solely for projects involving only feasibility or
planning studies for possible future actions which the agency, board,
or commission has not approved, adopted, or funded.
21151. (a) All local agencies shall prepare, or cause to be
prepared by contract, and certify the completion of, an environmental
impact report on any project that they intend to carry out or
approve which may have a significant effect on the environment. When
a report is required by Section 65402 of the Government Code, the
environmental impact report may be submitted as a part of that
report.
(b) For purposes of this section, any significant effect on the
environment shall be limited to substantial, or potentially
substantial, adverse changes in physical conditions which exist
within the area as defined in Section 21060.5.
(c) When an environmental impact report is certified by a local
lead agency's decisionmaking body which is not elected, that
certification may be appealed to the agency's elected decisionmaking
body, if any.
21151.1. (a) Notwithstanding paragraph (6) of subdivision (b) of
Section 21080, or Section 21080.5 or 21084, or any other provision of
law, except as provided in this section, a lead agency shall prepare
or cause to be prepared by contract, and certify the completion of,
an environmental impact report or, if appropriate, a modification,
addendum, or supplement to an existing environmental impact report,
for any project involving any of the following:
(1) (A) The burning of municipal wastes, hazardous waste, or
refuse-derived fuel, including, but not limited to, tires, if the
project is either of the following:
(i) The construction of a new facility.
(ii) The expansion of an existing facility that burns hazardous
waste that would increase its permitted capacity by more than 10
percent.
(B) This paragraph does not apply to any project exclusively
burning hazardous waste, for which a final determination under
Section 21080.1 has been made prior to July 14, 1989.
(2) The initial issuance of a hazardous waste facilities permit to
a land disposal facility, as defined in subdivision (d) of Section
25199.1 of the Health and Safety Code.
(3) The initial issuance of a hazardous waste facilities permit
pursuant to Section 25200 of the Health and Safety Code to an offsite
large treatment facility, as defined pursuant to subdivision (d) of
Section 25205.1 of the Health and Safety Code.
(4) A base reuse plan as defined in Section 21083.8 or 21083.8.1.
The Legislature hereby finds that no reimbursement is required
pursuant to Section 6 of Article XIIIB of the California Constitution
for an environmental impact report for a base reuse plan if an
environmental impact report is otherwise required for that base reuse
plan pursuant to any other provision of this division.
(b) For purposes of clause (ii) of subparagraph (A) of
subparagraph (B) of paragraph (1) of subdivision (a), the amount of
expansion of an existing facility shall be calculated by comparing
the proposed facility capacity with whichever of the following is
applicable:
(1) The facility capacity authorized in the facility's hazardous
waste facilities permit pursuant to Section 25200 of the Health and
Safety Code or its grant of interim status pursuant to Section
25200.5 of the Health and Safety Code, or the facility capacity
authorized in any state or local agency permit allowing the
construction or operation of a facility for the burning of hazardous
waste, granted before January 1, 1990.
(2) The facility capacity authorized in the facility's original
hazardous waste facilities permit, grant of interim status, or any
state or local agency permit allowing the construction or operation
of a facility for the burning of hazardous waste, granted on or after
January 1, 1990.
(c) For purposes of paragraphs (2) and (3) of subdivision (a), the
initial issuance of a hazardous waste facilities permit does not
include the issuance of a closure or postclosure permit pursuant to
Chapter 6.5 (commencing with Section 25100) of Division 20 of the
Health and Safety Code.
(d) Paragraph (1) of subdivision (a) does not apply to any project
that does any of the following:
(1) Exclusively burns digester gas produced from manure or any
other solid or semisolid animal waste.
(2) Exclusively burns methane gas produced from a disposal site,
as defined in Section 40122, that is used only for the disposal of
solid waste, as defined in Section 40191.
(3) Exclusively burns forest, agricultural, wood, or other biomass
wastes.
(4) Exclusively burns hazardous waste in an incineration unit that
is transportable and that is either at a site for not longer than
three years or is part of a remedial or removal action. For purposes
of this paragraph, "transportable" means any equipment that performs
a "treatment" as defined in Section 66216 of Title 22 of the
California Code of Regulations, and that is transported on a vehicle
as defined in Section 66230 of Title 22 of the California Code of
Regulations.
(5) Exclusively burns refinery waste in a flare on the site of
generation.
(6) Exclusively burns in a flare methane gas produced at a
municipal sewage treatment plant.
(7) Exclusively burns hazardous waste, or exclusively burns
hazardous waste as a supplemental fuel, as part of a research,
development, or demonstration project that, consistent with federal
regulations implementing the Resource Conservation and Recovery Act
of 1976, as amended (42 U.S.C. Sec. 6901 et seq.), has been
determined to be innovative and experimental by the Department of
Toxic Substances Control and that is limited in type and quantity of
waste to that necessary to determine the efficacy and performance
capabilities of the technology or process; provided, however, that
any facility that operated as a research, development, or
demonstration project and for which an application is thereafter
submitted for a hazardous waste facility permit for operation other
than as a research, development, or demonstration project shall be
considered a new facility for the burning of hazardous waste and
shall be subject to subdivision (a) of Section 21151.1.
(8) Exclusively burns soils contaminated only with petroleum fuels
or the vapors from these soils.
(9) Exclusively treats less than 3,000 pounds of hazardous waste
per day in a thermal processing unit operated in the absence of open
flame, and submits a worst-case health risk assessment of the
technology to the Department of Toxic Substances Control for review
and distribution to the interested public. This assessment shall be
prepared in accordance with guidelines set forth in the Air Toxics
Assessment Manual of the California Air Pollution Control Officers
Association.
(10) Exclusively burns less than 1,200 pounds per day of medical
waste, as defined in Section 117690 of the Health and Safety Code, on
hospital sites.
(11) Exclusively burns chemicals and fuels as part of firefighter
training.
(12) Exclusively conducts open burns of explosives subject to the
requirements of the air pollution control district or air quality
management district and in compliance with OSHA and Cal-OSHA
regulations.
(13) Exclusively conducts onsite burning of less than 3,000 pounds
per day of fumes directly from a manufacturing or commercial
process.
(14) Exclusively conducts onsite burning of hazardous waste in an
industrial furnace that recovers hydrogen chloride from the flue gas
if the hydrogen chloride is subsequently sold, distributed in
commerce, or used in a manufacturing process at the site where the
hydrogen chloride is recovered, and the burning is in compliance with
the requirements of the air pollution control district or air
quality management district and the Department of Toxic Substances
Control.
(e) Paragraph (1) of subdivision (a) does not apply to any project
for which the State Energy Resources Conservation and Development
Commission has assumed jurisdiction under Chapter 6 (commencing with
Section 25500) of Division 15.
(f) Paragraphs (2) and (3) of subdivision (a) shall not apply if
the facility only manages hazardous waste that is identified or
listed pursuant to Section 25140 or 25141 on or after January 1,
1992, but not before that date, or only conducts activities that are
regulated pursuant to Chapter 6.5 (commencing with Section 25100) of
Division 20 of the Health and Safety Code on or after January 1,
1992, but not before that date.
(g) This section does not exempt any project from any other
requirement of this division.
(h) For purposes of this section, offsite facility means a
facility that serves more than one generator of hazardous waste.
21151.10. (a) If an environmental impact report is prepared for a
project at an airport that is owned by a city and county and that is
located in another county that includes more than one acre of fill in
the San Francisco Bay, the environmental impact report shall
analyze, as an alternative to the project, a form of joint management
of that airport owned by the city and county and the Oakland
International Airport. This joint management alternative shall
separately analyze an underground high-speed rail transit connection
and a high-speed ferry connection between the two airports and shall
utilize in both analyses all technological enhancements reasonably
expected to be available. The analysis of the joint management
alternative shall include a meaningful evaluation, analysis, and
comparison of the alternative with the proposed project, and shall
assess the feasibility of the alternative notwithstanding that
changes in state law may be required for its implementation. The
environmental impact report shall identify any changes in state law
that would be required in order to implement this alternative.
(b) Nothing in this section or in Section 21085.7 shall be
interpreted in a manner that alters the lead agency's obligation to
comply with this division in connection with proposed mitigation
measures other than the mitigation measure described in Section
21085.7.
(c) This section shall remain in effect only until January 1,
2008, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2008, deletes or extends
that date.
21151.2. To promote the safety of pupils and comprehensive
community planning the governing board of each school district before
acquiring title to property for a new school site or for an addition
to a present school site, shall give the planning commission having
jurisdiction notice in writing of the proposed acquisition. The
planning commission shall investigate the proposed site and within 30
days after receipt of the notice shall submit to the governing board
a written report of the investigation and its recommendations
concerning acquisition of the site.
The governing board shall not acquire title to the property until
the report of the planning commission has been received. If the
report does not favor the acquisition of the property for a school
site, or for an addition to a present school site, the governing
board of the school district shall not acquire title to the property
until 30 days after the commission's report is received.
21151.4. No environmental impact report or negative declaration
shall be approved for any project involving the construction or
alteration of a facility within 1/4 of a mile of a school which might
reasonably be anticipated to emit hazardous or acutely hazardous air
emission, or which would handle acutely hazardous material or a
mixture containing acutely hazardous material in a quantity equal to
or greater than the quantity specified in subdivision (a) of Section
25536 of the Health and Safety Code, which may pose a health or
safety hazard to persons who would attend or would be employed at the
school, unless both of the following occur:
(a) The lead agency preparing the environmental impact report or
negative declaration has consulted with the school district having
jurisdiction regarding the potential impact of the project on the
school.
(b) The school district has been given written notification of the
project not less than 30 days prior to the proposed approval of the
environmental impact report or negative declaration.
21151.5. (a) (1) For projects described in subdivision (c) of
Section 21065, each local agency shall establish, by ordinance or
resolution, time limits that do not exceed the following:
(A) One year for completing and certifying environmental impact
reports.
(B) One hundred eighty days for completing and adopting negative
declarations.
(2) The time limits specified in paragraph (1) shall apply only to
those circumstances in which the local agency is the lead agency for
a project. These ordinances or resolutions may establish different
time limits for different types or classes of projects and different
types of environmental impact reports, but all limits shall be
measured from the date on which an application requesting approval of
the project is received and accepted as complete by the local
agency.
(3) No application for a project may be deemed incomplete for lack
of a waiver of time periods prescribed by local ordinance or
resolution.
(4) The ordinances or resolutions required by this section may
provide for a reasonable extension of the time period in the event
that compelling circumstances justify additional time and the project
applicant consents thereto.
(b) If a draft environmental impact report, environmental impact
report, or focused environmental impact report is prepared under a
contract to a local agency, the contract shall be executed within 45
days from the date on which the local agency sends a notice of
preparation pursuant to Section 21080.4. The local agency may take
longer to execute the contract if the project applicant and the
local agency mutually agree to an extension of the time limit
provided by this subdivision.
21151.7. Notwithstanding any other provision of law, a lead agency
shall prepare or cause to be prepared by contract, and certify the
completion of, an environmental impact report for any open-pit mining
operation which is subject to the permit requirements of the Surface
Mining and Reclamation Act of 1975 (Chapter 9 (commencing with
Section 2710) of Division 2) and utilizes a cyanide heap-leaching
process for the purpose of producing gold or other precious metals.
21151.8. (a) No environmental impact report or negative declaration
shall be approved for any project involving the purchase of a
schoolsite or the construction of a new elementary or secondary
school by a school district unless all of the following occur:
(1) The environmental impact report or negative declaration
includes information which is needed to determine if the property
proposed to be purchased, or to be constructed upon, is any of the
following:
(A) The site of a current or former hazardous waste disposal site
or solid waste disposal site and, if so, whether the wastes have been
removed.
(B) A hazardous substance release site identified by the State
Department of Health Services in a current list adopted pursuant to
Section 25356 for removal or remedial action pursuant to Chapter 6.8
(commencing with Section 25300) of Division 20 of the Health and
Safety Code.
(C) A site which contains one or more pipelines, situated
underground or aboveground, which carries hazardous substances,
acutely hazardous materials, or hazardous wastes, unless the pipeline
is a natural gas line which is used only to supply natural gas to
that school or neighborhood.
(2) The lead agency preparing the environmental impact report or
negative declaration has notified in writing and consulted with the
administering agency in which the proposed schoolsite is located, and
with any air pollution control district or air quality management
district having jurisdiction in the area, to identify facilities
within one-fourth of a mile of the proposed schoolsite which might
reasonably be anticipated to emit hazardous emissions or handle
hazardous or acutely hazardous materials, substances, or waste. The
notification by the lead agency shall include a list of the locations
for which information is sought.
(3) The governing board of the school district makes one of the
following written findings:
(A) Consultation identified no such facilities specified in
paragraph (2).
(B) The facilities specified in paragraph (2) exist, but one of
the following conditions applies:
(i) The health risks from the facilities do not and will not
constitute an actual or potential endangerment of public health to
persons who would attend or be employed at the proposed school.
(ii) Corrective measures required under an existing order by
another agency having jurisdiction over the facilities will, before
the school is occupied, result in the mitigation of all chronic or
accidental hazardous air emissions to levels that do not constitute
an actual or potential endangerment of public health to persons who
would attend or be employed at the proposed school. If the governing
board makes such a finding, it shall also make a subsequent finding,
prior to occupancy of the school, that the emissions have been so
mitigated.
(4) Each administering agency, air pollution control district, or
air quality management district receiving written notification from a
lead agency to identify facilities pursuant to paragraph (2) shall
provide the requested information and provide a written response to
the lead agency within 30 days of receiving the notification. The
environmental impact report or negative declaration shall be
conclusively presumed to comply with this section as to the area of
responsibility of any agency which does not respond within 30 days.
(b) If a lead agency has carried out the consultation required by
paragraph (2) of subdivision (a), the environmental impact report or
the negative declaration shall be conclusively presumed to comply
with this section, notwithstanding any failure of the consultation to
identify an existing facility specified in paragraph (2) of
subdivision (a).
(c) As used in this section and Section 21151.4, the following
definitions shall apply:
(1) "Hazardous substance" means any substance defined in Section
25316 of the Health and Safety Code.
(2) "Acutely hazardous material" means any material defined
pursuant to subdivision (a) of Section 25532 of the Health and Safety
Code.
(3) "Hazardous waste" means any waste defined in Section 25117 of
the Health and Safety Code.
(4) "Hazardous waste disposal site" means any site defined in
Section 25114 of the Health and Safety Code.
(5) "Hazardous air emissions" means emissions into the ambient air
of air contaminants which have been identified as a toxic air
contaminant by the State Air Resources Board or by the air pollution
control officer for the jurisdiction in which the project is located.
As determined by the air pollution control officer, hazardous air
emissions also means emissions into the ambient air from any
substances identified in subdivisions (a) to (f), inclusive, of
Section 44321 of the Health and Safety Code.
(6) "Administering agency" means an agency designated pursuant to
Section 25502 of the Health and Safety Code.
(7) "Handle" means handle as defined in Article 1 (commencing with
Section 25500) of Chapter 6.95 of Division 20 of the Health and
Safety Code.
21151.9. Whenever a city or county determines that an environmental
impact report is required in connection with a project, as defined
in Section 10913, and described in Section 10910, of the Water Code,
it shall comply with Part 2.10 (commencing with Section 10910) of
Division 6 of the Water Code.
21152. (a) Whenever a local agency approves or determines to carry
out a project which is subject to this division, it shall file notice
of the approval or the determination within five working days after
the approval or determination becomes final, with the county clerk of
each county in which the project will be located. The notice shall
indicate the determination of the local agency whether the project
will, or will not, have a significant effect on the environment and
shall indicate whether an environmental impact report has been
prepared pursuant to this division. The notice shall also include
certification that the final environmental impact report, if one was
prepared, together with comments and responses, is available to the
general public.
(b) Whenever a local agency determines that a project is not
subject to this division pursuant to subdivision (b) of Section 21080
or pursuant to Section 21085 or 21172, and it approves or determines
to carry out the project, it, or the person specified in subdivision
(b) or (c) of Section 21065, may file a notice of the determination
with the county clerk of each county in which the project will be
located. Any notice filed pursuant to this subdivision by a person
specified in subdivision (b) or (c) of Section 21065 shall have a
certificate of determination attached to it issued by the local
agency responsible for making the determination that the project is
not subject to this division pursuant to subdivision (b) of Section
21080 or pursuant to Section 21085 or 21172. The certificate of
determination may be in the form of a certified copy of an existing
document or record of the local agency.
(c) All notices filed pursuant to this section shall be available
for public inspection, and shall be posted within 24 hours of receipt
in the office of the county clerk. Each notice shall remain posted
for a period of 30 days. Thereafter, the clerk shall return the
notice to the local agency with a notation of the period it was
posted. The local agency shall retain the notice for not less than
nine months.
21153. (a) Prior to completing an environmental impact report,
every local lead agency shall consult with, and obtain comments from,
each responsible agency, any public agency that has jurisdiction by
law with respect to the project, and any city or county that borders
on a city or county within which the project is located unless
otherwise designated annually by agreement between the local lead
agency and the city or county, and may consult with any person who
has special expertise with respect to any environmental impact
involved. In the case of a project described in subdivision (c) of
Section 21065, the local lead agency shall, upon the request of the
project applicant, provide for early consultation to identify the
range of actions, alternatives, mitigation measures, and significant
effects to be analyzed in depth in the environmental impact report.
The local lead agency may consult with persons identified by the
project applicant that the applicant believes will be concerned with
the environmental effects of the project and may consult with members
of the public who have made written request to be consulted on the
project. A request by the project applicant for early consultation
shall be made not later than 30 days after the date that the
determination required by Section 21080.1 was made with respect to
the project. The local lead agency may charge and collect a fee from
the project applicant in an amount that does not exceed the actual
costs of the consultations.
(b) In the case of a project described in subdivision (a) of
Section 21065, the lead agency may provide for early consultation to
identify the range of actions, alternatives, mitigation measures, and
significant effects to be analyzed in depth in the environmental
impact report. At the request of the lead agency, the Office of
Planning and Research shall ensure that each responsible agency, and
any public agency that has jurisdiction by law with respect to the
project, is notified regarding any early consultation.
(c) A responsible agency or other public agency shall only make
substantive comments regarding those activities involved in a project
that are within an area of expertise of the agency or that are
required to be carried out or approved by the agency. Those comments
shall be supported by specific documentation.
21154. Whenever any state agency, board, or commission issues an
order which requires a local agency to carry out a project which may
have a significant effect on the environment, any environmental
impact report which the local agency may prepare shall be limited to
consideration of those factors and alternatives which will not
conflict with such order.
* 21156. It is the intent of the Legislature in enacting this chapter
* that a master environmental impact report shall evaluate the
cumulative impacts, growth inducing impacts, and irreversible
significant effects on the environment of subsequent projects to the
greatest extent feasible. The Legislature further intends that the
environmental review of subsequent projects be substantially reduced
to the extent that the project impacts have been reviewed and
appropriate mitigation measures are set forth in a certified master
environmental impact report.
* 21157. (a) A master environmental impact report may be prepared for
* any one of the following projects:
(1) A general plan, element, general plan amendment, or specific
plan.
(2) A project that consists of smaller individual projects which
will be carried out in phases.
(3) A rule or regulation which will be implemented by subsequent
projects.
(4) Projects which will be carried out or approved pursuant to a
development agreement.
(5) Public or private projects which will be carried out or
approved pursuant to, or in furtherance of, a redevelopment plan.
(6) A state highway project or mass transit project which will be
subject to multiple stages of review or approval.
(7) A regional transportation plan or congestion management plan.
(8) A plan proposed by a local agency for the reuse of a federal
military base or reservation that has been closed or that is proposed
for closure.
(9) Regulations adopted by the Fish and Game Commission for the
regulation of hunting and fishing.
(b) When a lead agency prepares a master environmental impact
report, the document shall include all of the following:
(1) A detailed statement as required by Section 21100.
(2) A description of anticipated subsequent projects that would be
within the scope of the master environmental impact report, that
contains sufficient information with regard to the kind, size,
intensity, and location of the subsequent projects, including, but
not limited to, all of the following:
(A) The specific type of project anticipated to be undertaken.
(B) The maximum and minimum intensity of any anticipated
subsequent project, such as the number of residences in a residential
development, and, with regard to a public works facility, its
anticipated capacity and service area.
(C) The anticipated location and alternative locations for any
development projects.
(D) A capital outlay or capital improvement program, or other
scheduling or implementing device that governs the submission and
approval of subsequent projects.
(3) A description of potential impacts of anticipated subsequent
projects for which there is not sufficient information reasonably
available to support a full assessment of potential impacts in the
master environmental impact report. This description shall not be
construed as a limitation on the impacts which may be considered in a
focused environmental impact report.
(c) Lead agencies may develop and implement a fee program in
accordance with applicable provisions of law to generate the revenue
necessary to prepare a master environmental impact report.
21157.1. The preparation and certification of a master
environmental impact report, if prepared and certified consistent
with this division, may allow for the limited review of subsequent
projects that were described in the master environmental impact
report as being within the scope of the report, in accordance with
the following requirements:
(a) The lead agency for a subsequent project shall be the lead
agency or any responsible agency identified in the master
environmental impact report.
(b) The lead agency shall prepare an initial study on any proposed
subsequent project. This initial study shall analyze whether the
subsequent project may cause any significant effect on the
environment that was not examined in the master environmental impact
report and whether the subsequent project was described in the master
environmental impact report as being within the scope of the report.
(c) If the lead agency, based on the initial study, determines
that a proposed subsequent project will have no additional
significant effect on the environment, as defined in subdivision (d)
of Section 21158, that was not identified in the master environmental
impact report and that no new or additional mitigation measures or
alternatives may be required, the lead agency shall make a written
finding based upon the information contained in the initial study
that the subsequent project is within the scope of the project
covered by the master environmental impact report. No new
environmental document nor findings pursuant to Section 21081 shall
be required by this division. Prior to approving or carrying out the
proposed subsequent project, the lead agency shall provide notice of
this fact pursuant to Section 21092 and incorporate all feasible
mitigation measures or feasible alternatives set forth in the master
environmental impact report which are appropriate to the project.
Whenever a lead agency approves or determines to carry out any
subsequent project pursuant to this section, it shall file a notice
pursuant to Section 21108 or 21152.
(d) Where a lead agency cannot make the findings required in
subdivision (c), the lead agency shall prepare, pursuant to Section
21157.7, either a mitigated negative declaration or environmental
impact report.
21157.5. (a) A proposed mitigated negative declaration shall be
prepared for any proposed subsequent project if both of the following
occur:
(1) An initial study has identified potentially new or additional
significant effects on the environment that were not analyzed in the
master environmental impact report.
(2) Feasible mitigation measures or alternatives will be
incorporated to revise the proposed subsequent project, before the
negative declaration is released for public review, in order to avoid
the effects or mitigate the effects to a point where clearly no
significant effect on the environment will occur.
(b) If there is substantial evidence in light of the whole record
before the lead agency that the proposed subsequent project may have
a significant effect on the environment and a mitigated negative
declaration is not prepared, the lead agency shall prepare an
environmental impact report or a focused environmental impact report
pursuant to Section 21158.
21157.6. The master environmental impact report shall not be used
for the purposes of this chapter if (1) the certification of the
report occurred more than five years prior to the filing of an
application for the subsequent project, or (2) if the approval of a
project that was not described in the report may affect the adequacy
of the environmental review in the report for any subsequent project,
unless the lead agency reviews the adequacy of the master
environmental impact report and does either of the following:
(a) Finds that no substantial changes have occurred with respect
to the circumstances under which the master environmental impact
report was certified or that no new information, which was not known
and could not have been known at the time that the master
environmental impact report was certified as complete, has become
available.
(b) Certifies a subsequent or supplemental environmental impact
report which has been either incorporated into the previously
certified master environmental impact report or references any
deletions, additions, or any other modifications to the previously
certified master environmental impact report.
* 21158. (a) A focused environmental impact report is an
* environmental impact report on a subsequent project identified in a
master environmental impact report. A focused environmental impact
report may be utilized only if the lead agency finds that the
analysis in the master environmental impact report of cumulative
impacts, growth inducing impacts, and irreversible significant
effects on the environment is adequate for the subsequent project.
The focused environmental impact report shall incorporate, by
reference, the master environmental impact report and analyze only
the subsequent project's additional significant effects on the
environment, as defined in subdivision (d), and any new or additional
mitigation measures or alternatives that were not identified and
analyzed by the master environmental impact report.
(b) The focused environmental impact report need not examine those
effects which the lead agency finds were one of the following:
(1) Mitigated or avoided pursuant to paragraph (1) of subdivision
(a) of Section 21081 as a result of mitigation measures identified in
the master environmental impact report which will be required as
part of the approval of the subsequent project.
(2) Examined at a sufficient level of detail in the master
environmental impact report to enable those significant environmental
effects to be mitigated or avoided by specific revisions to the
project, the imposition of conditions, or by other means in
connection with the approval of the subsequent project.
(3) Subject to a finding pursuant to paragraph (2) of subdivision
(a) of Section 21081.
(c) A focused environmental impact report on any subsequent
project shall analyze any significant effects on the environment
where substantial new or additional information shows that the
adverse environmental impact may be more significant than was
described in the master environmental impact report. The substantial
new or additional information may also show that mitigation measures
or alternatives identified in the master environmental impact
report, which were previously determined to be infeasible, are
feasible and will avoid or reduce the significant effects on the
environment of the subsequent project to a level of insignificance.
(d) For purposes of this chapter, "additional significant effects
on the environment" are those project specific effects on the
environment which were not addressed as significant effects on the
environment in the master environmental impact report.
(e) Nothing in this chapter is intended to limit or abridge the
ability of a lead agency to focus upon the issues that are ripe for
decision at each level of environmental review, or to exclude
duplicative analysis of environmental effects examined in previous
environmental impact reports pursuant to Section 21093.
21158.1. When a lead agency is required to prepare an environmental
impact report pursuant to subdivision (d) of Section 21157.1 or is
authorized to prepare a focused environmental impact report pursuant
to Section 21158, the lead agency may not rely on subdivision (a) of
Section 21080.5 for that purpose even though the lead agency's
regulatory program is otherwise certified in accordance with Section
21080.5.
21158.5. (a) Where a project consists of multiple-family
residential development of not more than 100 units or a residential
and commercial or retail mixed-use development of not more than
100,000 square feet which complies with all of the following, a
focused environmental impact report shall be prepared,
notwithstanding that the project was not identified in a master
environmental impact report:
(1) Is consistent with a general plan, specific plan, community
plan, or zoning ordinance for which an environmental impact report
was prepared within five years of the certification of the focused
environmental impact report.
(2) The lead agency cannot make the finding described in
subdivision (c) of Section 21157.1, a negative declaration or
mitigated negative declaration cannot be prepared pursuant to Section
21080, 21157.5, or 21158, and Section 21166 does not apply.
(3) Meets one or more of the following conditions:
(A) The parcel on which the project is to be developed is
surrounded by immediately contiguous urban development.
(B) The parcel on which the project is to be developed has been
previously developed with urban uses.
(C) The parcel on which the project is to be developed is within
one-half mile of an existing rail transit station.
(b) A focused environmental impact report prepared pursuant to
this section shall be limited to a discussion of potentially
significant effects on the environment specific to the project, or
which substantial new information shows will be more significant than
described in the prior environmental impact report. No discussion
shall be required of alternatives to the project, cumulative impacts
of the project, or the growth inducing impacts of the project.
* 21159. (a) An agency listed in Section 21159.4 shall perform, at
* the time of the adoption of a rule or regulation requiring the
installation of pollution control equipment, or a performance
standard or treatment requirement, an environmental analysis of the
reasonably foreseeable methods of compliance. In the preparation of
this analysis, the agency may utilize numerical ranges or averages
where specific data is not available; however, the agency shall not
be required to engage in speculation or conjecture. The
environmental analysis shall, at minimum, include, all of the
following:
(1) An analysis of the reasonably foreseeable environmental
impacts of the methods of compliance.
(2) An analysis of reasonably foreseeable feasible mitigation
measures.
(3) An analysis of reasonably foreseeable alternative means of
compliance with the rule or regulation.
(b) The preparation of an environmental impact report at the time
of adopting a rule or regulation pursuant to this division shall be
deemed to satisfy the requirements of this section.
(c) The environmental analysis shall take into account a
reasonable range of environmental, economic, and technical factors,
population and geographic areas, and specific sites.
(d) Nothing in this section shall require the agency to conduct a
project level analysis.
(e) For purposes of this article, the term "performance standard"
includes process or raw material changes or product reformulation.
(f) Nothing in this section is intended, or may be used, to delay
the adoption of any rule or regulation for which an analysis is
required to be performed pursuant to this section.
21159.1. (a) A focused environmental impact report may be utilized
if a project meets all of the following requirements:
(1) The project consists solely of the installation of pollution
control equipment required by a rule or regulation of an agency
listed in Section 21159.4 and other components necessary to complete
the installation of that equipment.
(2) The agency certified an environmental impact report on the
rule or regulation or reviewed it pursuant to a certified regulatory
program, and, in either case, the review included an assessment of
growth inducing impacts and cumulative impacts of, and alternatives
to, the project.
(3) The environmental review required by paragraph (2) was
completed within five years of certification of the focused
environmental impact report.
(4) An environmental impact report is not required pursuant to
Section 21166.
(b) The discussion of significant effects on the environment in
the focused environmental impact report shall be limited to
project-specific potentially significant effects on the environment
of the project which were not discussed in the environmental analysis
of the rule or regulation required pursuant to subdivision (a) of
Section 21159. No discussion of growth-inducing impacts or
cumulative impacts shall be required in the focused environmental
impact report, and the discussion of alternatives shall be limited to
a discussion of alternative means of compliance, if any, with the
rule or regulation.
21159.2. (a) If a project consists solely of compliance with a
performance standard or treatment requirement imposed by an agency
listed in Section 21159.4, the lead agency for the compliance project
shall, to the greatest extent feasible, utilize the environmental
analysis required pursuant to subdivision (a) of Section 21159 in the
preparation of a negative declaration, mitigated negative
declaration, or environmental impact report on the compliance project
or in otherwise fulfilling its responsibilities under this division.
The use of numerical averages or ranges in an environmental
analysis shall not relieve a lead agency of its obligations under
this division to identify and evaluate the environmental effects of a
compliance project.
(b) If the lead agency determines that an environmental impact
report on the compliance project is required, the lead agency shall
prepare an environmental impact report which addresses only the
project-specific issues related to the compliance project or other
issues that were not discussed in sufficient detail in the
environmental analysis to enable the lead agency to fulfill its
responsibilities under Section 21100 or 21151, as applicable. The
mitigation measures imposed by the lead agency for the project shall
relate only to the significant effects on the environment to be
mitigated. The discussion of alternatives shall be limited to a
discussion of alternative means of compliance, if any, with the rule
or regulation.
21159.3. In the preparation of any environmental impact report
pursuant to Section 21159.1 or 21159.2, the following deadlines shall
apply:
(a) A lead agency shall determine whether an environmental impact
report should be prepared within 30 days of its determination that
the application for the project is complete.
(b) If the environmental impact report will be prepared under
contract to the lead agency pursuant to Section 21082.1, the lead
agency shall issue a request for proposals for preparation of the
environmental impact report as soon as it has enough information to
prepare a request for proposals, and in any event, not later than 30
days after the time for response to the notice of preparation has
expired. The contract shall be awarded within 30 days of the
response date for the request for proposals.
21159.4. This article shall apply to the following agencies: the
State Air Resources Board, any district as defined in Section 39025
of the Health and Safety Code, the State Water Resources Control
Board, a California regional water quality control board, the
Department of Toxic Substances Control, and the California Integrated
Waste Management Board.
* 21159.9. The Office of Planning and Research shall implement,
* utilizing existing resources, a public assistance and information
program, to ensure efficient and effective implementation of this
division, to do all of the following:
(a) Establish a public education and training program for
planners, developers, and other interested parties to assist them in
implementing this division.
(b) Establish and maintain a data base to assist in the
preparation of environmental documents.
(c) Establish and maintain a central repository for the
collection, storage, retrieval, and dissemination of notices of
exemption, notices of preparation, notices of determination, and
notices of completion provided to the office, and make the notices
available through the Internet. The office may coordinate with
another state agency for that agency to make the notices available
through the Internet.
* 21160. Whenever any person applies to any public agency for a
* lease, permit, license, certificate, or other entitlement for use,
the public agency may require that person to submit data and
information which may be necessary to enable the public agency to
determine whether the proposed project may have a significant effect
on the environment or to prepare an environmental impact report.
If any or all of the information so submitted is a "trade secret"
as defined in Section 6254.7 of the Government Code by those
submitting that information, it shall not be included in the impact
report or otherwise disclosed by any public agency. This section
shall not be construed to prohibit the exchange of properly
designated trade secrets between public agencies who have lawful
jurisdiction over the preparation of the impact report.
21161. Whenever a public agency has completed an environmental
impact report, it shall cause a notice of completion of that report
to be filed with the Office of Planning and Research. The notice of
completion shall briefly identify the project and shall indicate that
an environmental impact report has been prepared. Failure to file
the notice required by this section shall not affect the validity of
a project.
21162. A copy of the notice of completion of an environmental
impact report on a project shall be provided, by the State
Clearinghouse, to any legislator in whose district the project has an
environmental impact, if the legislator requests the notice and the
State Clearinghouse has received it.
21165. When a project is to be carried out or approved by two or
more public agencies, the determination of whether the project may
have a significant effect on the environment shall be made by the
lead agency; and such agency shall prepare, or cause to be prepared
by contract, the environmental impact report for the project, if such
a report is required by this division. In the event that a dispute
arises as to which is the lead agency, any public agency, or in the
case of a project described in subdivision (c) of Section 21065 the
applicant for such project, may submit the question to the Office of
Planning and Research, and the Office of Planning and Research shall
designate, within 21 days of receiving such request, the lead agency,
giving due consideration to the capacity of such agency to
adequately fulfill the requirements of this division.
21166. When an environmental impact report has been prepared for a
project pursuant to this division, no subsequent or supplemental
environmental impact report shall be required by the lead agency or
by any responsible agency, unless one or more of the following events
occurs:
(a) Substantial changes are proposed in the project which will
require major revisions of the environmental impact report.
(b) Substantial changes occur with respect to the circumstances
under which the project is being undertaken which will require major
revisions in the environmental impact report.
(c) New information, which was not known and could not have been
known at the time the environmental impact report was certified as
complete, becomes available.
21166.1. The decision of a lead agency to prepare an environmental
impact report with respect to environmental impacts within a
geographic area or for a group of projects shall not be a basis for
determining that an environmental document prepared for an individual
project within that area or group is inadequate.
21167. Any action or proceeding to attack, review, set aside, void,
or annul the following acts or decisions of a public agency on the
grounds of noncompliance with this division shall be commenced as
follows:
(a) An action or proceeding alleging that a public agency is
carrying out or has approved a project which may have a significant
effect on the environment without having determined whether the
project may have a significant effect on the environment shall be
commenced within 180 days from the date of the public agency's
decision to carry out or approve the project, or, if a project is
undertaken without a formal decision by the public agency, within 180
days from the date of commencement of the project.
(b) Any action or proceeding alleging that a public agency has
improperly determined whether a project may have a significant effect
on the environment shall be commenced within 30 days from the date
of the filing of the notice required by subdivision (a) of Section
21108 or subdivision (a) of Section 21152.
(c) Any action or proceeding alleging that an environmental impact
report does not comply with this division shall be commenced within
30 days from the date of the filing of the notice required by
subdivision (a) of Section 21108 or subdivision (a) of Section 21152
by the lead agency.
(d) Any action or proceeding alleging that a public agency has
improperly determined that a project is not subject to this division
pursuant to subdivision (b) of Section 21080 or pursuant to Section
21085 or 21172 shall be commenced within 35 days from the date of the
filing by the public agency, or person specified in subdivision (b)
or (c) of Section 21065, of the notice authorized by subdivision (b)
of Section 21108 or subdivision (b) of Section 21152. If the notice
has not been filed, the action or proceeding shall be commenced
within 180 days from the date of the public agency's decision to
carry out or approve the project, or, if a project is undertaken
without a formal decision by the public agency, within 180 days from
the date of commencement of the project.
(e) Any action or proceeding alleging that any other act or
omission of a public agency does not comply with this division shall
be commenced within 30 days from the date of the filing of the notice
required by subdivision (a) of Section 21108 or subdivision (a) of
Section 21152.
(f) If a person has made a written request to the public agency
for a copy of the notice specified in Section 21108 or 21152 prior to
the date on which the agency approves or determines to carry out the
project, then not later than five days from the date of the agency's
action, the public agency shall deposit a written copy of the notice
addressed to that person in the United States mail, first-class
postage prepaid. The date upon which this notice is mailed shall not
affect the time periods specified in subdivisions (b), (c), (d), and
(e).
21167.1. (a) In all actions or proceedings brought pursuant to
Sections 21167, 21168, and 21168.5, including the hearing of an
action or proceeding on appeal from a decision of a lower court, all
courts in which the action or proceeding is pending shall give the
action or proceeding preference over all other civil actions, in the
matter of setting the action or proceeding for hearing or trial, and
in hearing or trying the action or proceeding, so that the action or
proceeding shall be quickly heard and determined. The court shall
regulate the briefing schedule so that, to the extent feasible, the
court shall commence hearings on an appeal within one year of the
date of the filing of the appeal.
(b) To ensure that actions or proceedings brought pursuant to
Sections 21167, 21168, and 21168.5 may be quickly heard and
determined in the lower courts, the superior courts in all counties
with a population of more than 200,000 shall designate one or more
judges to develop expertise in this division and related land use and
environmental laws, so that those judges will be available to hear,
and quickly resolve, actions or proceedings brought pursuant to
Sections 21167, 21168, and 21168.5.
(c) In any action or proceeding filed pursuant to this chapter
that is joined with any other cause of action, the court, upon a
motion by any party, may grant severance of the actions. In
determining whether to grant severance, the court shall consider such
as matters judicial economy, administrative economy, and prejudice
to any party.
21167.2. If no action or proceeding alleging that an environmental
impact report does not comply with the provisions of this division is
commenced during the period prescribed in subdivision (c) of Section
21167, the environmental impact report shall be conclusively
presumed to comply with the provisions of this division for purposes
of its use by responsible agencies, unless the provisions of Section
21166 are applicable.
21167.3. (a) If an action or proceeding alleging that an
environmental impact report or a negative declaration does not comply
with the provisions of this division is commenced during the period
described in subdivision (b) or (c) of Section 21167, and if an
injunction or stay is issued prohibiting the project from being
carried out or approved pending final determination of the issue of
such compliance, responsible agencies shall assume that the
environmental impact report or the negative declaration for the
project does comply with the provisions of this division and shall
issue a conditional approval or disapproval of such project according
to the timetable for agency action in Article 5 (commencing with
Section 65950) of Chapter 4.5 of Division 1 of Title 7 of the
Government Code. A conditional approval shall constitute permission
to proceed with a project when and only when such action or
proceeding results in a final determination that the environmental
impact report or negative declaration does comply with the provisions
of this division.
(b) In the event that an action or proceeding is commenced as
described in subdivision (a) but no injunction or similar relief is
sought and granted, responsible agencies shall assume that the
environmental impact report or negative declaration for the project
does comply with the provisions of this division and shall approve or
disapprove the project according to the timetable for agency action
in Article 5 (commencing with Section 65950) of Chapter 4.5 of
Division 1 of Title 7 of the Government Code. Such approval shall
constitute permission to proceed with the project at the applicant's
risk pending final determination of such action or proceeding.
21167.4. (a) In any action or proceeding alleging noncompliance
with this division, the petitioner shall request a hearing within 90
days from the date of filing the petition or shall be subject to
dismissal on the court's own motion or on the motion of any party
interested in the action or proceeding.
(b) The petitioner shall serve a notice of the request for a
hearing on all parties at the time that the petitioner files the
request for a hearing.
(c) Upon the filing of a request by the petitioner for a hearing
and upon application by any party, the court shall establish a
briefing schedule and a hearing date. In the absence of good cause,
briefing shall be completed within 90 days from the date that the
request for a hearing is filed, and the hearing, to the extent
feasible, shall be held within 30 days thereafter. Good cause may
include, but shall not be limited to, the conduct of discovery,
determination of the completeness of the record of proceedings, the
complexity of the issues, and the length of the record of proceedings
and the timeliness of its production. The parties may stipulate to
a briefing schedule or hearing date that differs from the schedule
set forth in this subdivision if the stipulation is approved by the
court.
21167.5. Proof of prior service by mail upon the public agency
carrying out or approving the project of a written notice of the
commencement of any action or proceeding described in Section 21167
identifying the project shall be filed concurrently with the initial
pleading in such action or proceeding.
21167.6. Notwithstanding any other provision of law, in all actions
or proceedings brought pursuant to Section 21167, except those
involving the Public Utilities Commission, all of the following shall
apply:
(a) At the time that the action or proceeding is filed, the
plaintiff or petitioner shall file a request that the respondent
public agency prepare the record of proceedings relating to the
subject of the action or proceeding. The request, together with the
complaint or petition, shall be served upon the public agency not
later than 10 business days from the date that the action or
proceeding was filed.
(b) (1) The public agency shall prepare and certify the record of
proceedings not later than 60 days from the date that the request
specified in subdivision (a) was served upon the public agency. Upon
certification, the public agency shall lodge a copy of the record of
proceedings with the court and shall serve on the parties notice
that the record of proceedings has been certified and lodged with the
court. The parties shall pay any costs or fees imposed for the
preparation of the record of proceedings in conformance with any law
or rule of court.
(2) The plaintiff or petitioner may elect to prepare the record of
proceedings or the parties may agree to an alternative method of
preparation of the record of proceedings, subject to certification of
its accuracy by the public agency, within the time limit specified
in this subdivision.
(c) The time limit established by subdivision (b) may be extended
only upon the stipulation of all parties who have been properly
served in the action or proceeding or upon order of the court.
Extensions shall be liberally granted by the court when the size of
the record of proceedings renders infeasible compliance with that
time limit. There is no limit on the number of extensions which may
be granted by the court, but no single extension shall exceed 60 days
unless the court determines that a longer extension is in the public
interest.
(d) If the public agency fails to prepare and certify the record
within the time limit established in subdivision (b), or any
continuances of that time limit, the plaintiff or petitioner may move
for sanctions, and the court may, upon that motion, grant
appropriate sanctions.
(e) The record of proceedings shall include, but is not limited
to, all of the following items:
(1) All project application materials.
(2) All staff reports and related documents prepared by the
respondent public agency with respect to its compliance with the
substantive and procedural requirements of this division and with
respect to the action on the project.
(3) All staff reports and related documents prepared by the
respondent public agency and written testimony or documents submitted
by any person relevant to any findings or statement of overriding
considerations adopted by the respondent agency pursuant to this
division.
(4) Any transcript or minutes of the proceedings at which the
decisionmaking body of the respondent public agency heard testimony
on, or considered any environmental document on, the project, and any
transcript or minutes of proceedings before any advisory body to the
respondent public agency which were presented to the decisionmaking
body prior to action on the environmental documents or on the
project.
(5) All notices issued by the respondent public agency to comply
with this division or with any other law governing the processing and
approval of the project.
(6) All written comments received in response to, or in connection
with, environmental documents prepared for the project, including
responses to the notice of preparation.
(7) All written evidence or correspondence submitted to, or
transferred from, the respondent public agency with respect to
compliance with this division or with respect to the project.
(8) Any proposed decisions or findings submitted to the
decisionmaking body of the respondent public agency by its staff, or
the project proponent, project opponents, or other persons.
(9) The documentation of the final public agency decision,
including the final environmental impact report, mitigated negative
declaration, or negative declaration, and all documents, in addition
to those referenced in paragraph (3), cited or relied on in the
findings or in a statement of overriding considerations adopted
pursuant to this division.
(10) Any other written materials relevant to the respondent public
agency's compliance with this division or to its decision on the
merits of the project, including the initial study, any drafts of any
environmental document, or portions thereof, which have been
released for public review, and copies of studies or other documents
relied upon in any environmental document prepared for the project
and either made available to the public during the public review
period or included in the respondent public agency's files on the
project, and all internal agency communications, including staff
notes and memoranda related to the project or to compliance with this
division.
(11) The full written record before any inferior administrative
decisionmaking body whose decision was appealed to a superior
administrative decisionmaking body prior to the filing of litigation.
(f) In preparing the record of proceedings, the party preparing
the record shall strive to do so at reasonable cost in light of the
scope of the record.
(g) The clerk of the superior court shall prepare and certify the
clerk's transcript on appeal not later than 60 days from the date
that the notice designating the papers or records to be included in
the clerk's transcript was filed with the superior court, if the
party or parties pay any costs or fees for the preparation of the
clerk's transcript imposed in conformance with any law or rules of
court. Nothing in this subdivision precludes an election to proceed
by appendix, as provided in Rule 5.1 of the California Rules of
Court.
(h) Extensions of the period for the filing of any brief on appeal
may be allowed only by stipulation of the parties or by order of the
court for good cause shown. Extensions for the filing of a brief on
appeal shall be limited to one 30-day extension for the preparation
of an opening brief, and one 30-day extension for the preparation of
a responding brief, except that the court may grant a longer
extension or additional extensions if it determines that there is a
substantial likelihood of settlement that would avoid the necessity
of completing the appeal.
(i) At the completion of the filing of briefs on appeal, the
appellant shall notify the court of the completion of the filing of
briefs, whereupon the clerk of the reviewing court shall set the
appeal for hearing on the first available calendar date.
21167.7. Every person who brings an action pursuant to Section
21167 shall comply with the requirements of Section 389.6 of the Code
of Civil Procedure. Every such person shall also furnish pursuant
to Section 389.6 of the Code of Civil Procedure a copy of any amended
or supplemental pleading filed by such person in such action to the
Attorney General. No relief, temporary or permanent, shall be
granted until a copy of the pleading has been furnished to the
Attorney General in accordance with such requirements.
21167.8. (a) Not later than 20 days from the date of service upon a
public agency of a petition or complaint brought pursuant to Section
21167, the public agency shall file with the court a notice setting
forth the time and place at which all parties shall meet and attempt
to settle the litigation. The meeting shall be scheduled and held
not later than 45 days from the date of service of the petition or
complaint upon the public agency. The notice of the settlement
meeting shall be served by mail upon the counsel for each party. If
the public agency does not know the identity of counsel for any
party, the notice shall be served by mail upon the party for whom
counsel is not known.
(b) At the time and place specified in the notice filed with the
court, the parties shall meet and confer regarding anticipated issues
to be raised in the litigation and shall attempt in good faith to
settle the litigation and the dispute which forms the basis of the
litigation. The settlement meeting discussions shall be
comprehensive in nature and shall focus on the legal issues raised by
the parties concerning the project that is the subject of the
litigation.
(c) The settlement meeting may be continued from time to time
without postponing or otherwise delaying other applicable time limits
in the litigation. The settlement meeting is intended to be
conducted concurrently with any judicial proceedings.
(d) If the litigation is not settled, the court, in its
discretion, may, or at the request of any party, shall, schedule a
further settlement conference before a judge of the superior court.
If the petition or complaint is later heard on its merits, the judge
hearing the matter shall not be the same judge conducting the
settlement conference, except in counties that have only one judge of
the superior court.
(e) The failure of any party, who was notified pursuant to
subdivision (a), to participate in the litigation settlement process,
without good cause, may result in an imposition of sanctions by the
court.
(f) Not later than 30 days from the date that notice of
certification of the record of proceedings was filed and served in
accordance with Section 21167.6, the petitioner or plaintiff shall
file and serve on all other parties a statement of issues which the
petitioner or plaintiff intends to raise in any brief or at any
hearing or trial. Not later than 10 days from the date on which the
respondent or real party in interest has been served with the
statement of issues from the petitioner or plaintiff, each respondent
and real party in interest shall file and serve on all other parties
a statement of issues which that party intends to raise in any brief
or at any hearing or trial.
21168. Any action or proceeding to attack, review, set aside, void
or annul a determination, finding, or decision of a public agency,
made as a result of a proceeding in which by law a hearing is
required to be given, evidence is required to be taken and discretion
in the determination of facts is vested in a public agency, on the
grounds of noncompliance with the provisions of this division shall
be in accordance with the provisions of Section 1094.5 of the Code of
Civil Procedure.
In any such action, the court shall not exercise its independent
judgment on the evidence but shall only determine whether the act or
decision is supported by substantial evidence in the light of the
whole record.
21168.5. In any action or proceeding, other than an action or
proceeding under Section 21168, to attack, review, set aside, void or
annul a determination, finding, or decision of a public agency on
the grounds of noncompliance with this division, the inquiry shall
extend only to whether there was a prejudicial abuse of discretion.
Abuse of discretion is established if the agency has not proceeded in
a manner required by law or if the determination or decision is not
supported by substantial evidence.
21168.6. In any action or proceeding under Sections 21168 or
21168.5 against the Public Utilities Commission the writ of mandate
shall lie only from the Supreme Court to such commission.
21168.7. Sections 21168 and 21168.5 are declaratory of existing law
with respect to the judicial review of determinations or decisions
of public agencies made pursuant to this division.
21168.9. (a) If a court finds, as a result of a trial, hearing, or
remand from an appellate court, that any determination, finding, or
decision of a public agency has been made without compliance with
this division, the court shall enter an order that includes one or
more of the following:
(1) A mandate that the determination, finding, or decision be
voided by the public agency, in whole or in part.
(2) If the court finds that a specific project activity or
activities will prejudice the consideration or implementation of
particular mitigation measures or alternatives to the project, a
mandate that the public agency and any real parties in interest
suspend any or all specific project activity or activities, pursuant
to the determination, finding, or decision, that could result in an
adverse change or alteration to the physical environment, until the
public agency has taken any actions that may be necessary to bring
the determination, finding, or decision into compliance with this
division.
(3) A mandate that the public agency take specific action as may
be necessary to bring the determination, finding, or decision into
compliance with this division.
(b) Any order pursuant to subdivision (a) shall include only those
mandates which are necessary to achieve compliance with this
division and only those specific project activities in noncompliance
with this division. The order shall be made by the issuance of a
peremptory writ of mandate specifying what action by the public
agency is necessary to comply with this division. However, the order
shall be limited to that portion of a determination, finding, or
decision or the specific project activity or activities found to be
in noncompliance only if a court finds that (1) the portion or
specific project activity or activities are severable, (2) severance
will not prejudice complete and full compliance with this division,
and (3) the court has not found the remainder of the project to be in
noncompliance with this division. The trial court shall retain
jurisdiction over the public agency's proceedings by way of a return
to the peremptory writ until the court has determined that the public
agency has complied with this division.
(c) Nothing in this section authorizes a court to direct any
public agency to exercise its discretion in any particular way.
Except as expressly provided in this section, nothing in this section
is intended to limit the equitable powers of the court.
21169. Any project defined in subdivision (c) of Section 21065
undertaken, carried out or approved on or before the effective date
of this section and the issuance by any public agency of any lease,
permit, license, certificate or other entitlement for use executed or
issued on or before the effective date of this section
notwithstanding a failure to comply with this division, if otherwise
legal and valid, is hereby confirmed, validated and declared legally
effective. Any project undertaken by a person which was supported in
whole or part through contracts with one or more public agencies on
or before the effective date of this section, notwithstanding a
failure to comply with this division, if otherwise legal and valid,
is hereby confirmed, validated and declared legally effective.
21170. (a) Section 21169 shall not operate to confirm, validate or
give legal effect to any project the legality of which was being
contested in a judicial proceeding in which proceeding the pleadings,
prior to the effective date of this section, alleged facts
constituting a cause of action for, or raised the issue of, a
violation of this division and which was pending and undetermined on
the effective date of this section; provided, however, that Section
21169 shall operate to confirm, validate or give legal effect to any
project to which this subdivision applies if, prior to the
commencement of judicial proceedings and in good faith and in
reliance upon the issuance by a public agency of any lease, permit,
license, certificate or other entitlement for use, substantial
construction has been performed and substantial liabilities for
construction and necessary materials have been incurred.
(b) Section 21169 shall not operate to confirm, validate or give
legal effect to any project which had been determined in any judicial
proceeding, on or before the effective date of this section to be
illegal, void or ineffective because of noncompliance with this
division.
21171. This division, except for Section 21169, shall not apply to
the issuance of any lease, permit, license, certificate or other
entitlement for use for any project defined in subdivision (c) of
Section 21065 or to any project undertaken by a person which is
supported in whole or in part through contracts with one or more
public agencies until the 121st day after the effective date of this
section. This section shall not apply to any project to which
Section 21170 is applicable or to any successor project which is the
same as, or substantially identical to, such a project.
This section shall not prohibit or prevent a public agency, prior
to the 121st day after the effective date of this section, from
considering environmental factors in connection with the approval or
disapproval of a project and from imposing reasonable fees in
connection therewith.
21172. This division shall not apply to any project undertaken,
carried out, or approved by a public agency to maintain, repair,
restore, demolish or replace property or facilities damaged or
destroyed as a result of a disaster in a disaster stricken area in
which a state of emergency has been proclaimed by the Governor
pursuant to Chapter 7 (commencing with Section 8550) of Division 1,
Title 2 of the Government Code.
21172.5. Until the 121st day after the effective date of this
section, any objectives, criteria and procedures adopted by public
agencies in compliance with this division shall govern the evaluation
of projects defined in subdivisions (a) and (b) of Section 21065 and
the preparation of environmental impact reports on such projects
when required by this division.
Any environmental impact report which has been completed or on
which substantial work has been performed on or before the 121st day
after the effective date of this section, if otherwise legally
sufficient, shall, when completed, be deemed to be in compliance with
this division and no further environmental impact report shall be
required except as provided in Section 21166.
21173. If any provision of this division or the application thereof
to any person or circumstances is held invalid, such invalidity
shall not affect other provisions or applications of this division
which can be given effect without the invalid provision or
application thereof, and to this end the provisions of this division
are severable.
21174. No provision of this division is a limitation or restriction
on the power or authority of any public agency in the enforcement or
administration of any provision of law which it is specifically
permitted or required to enforce or administer, including, but not
limited to, the powers and authority granted to the California
Coastal Commission pursuant to Division 20 (commencing with Section
30000). To the extent of any inconsistency or conflict between the
provisions of the California Coastal Act of 1976 (Division 20
(commencing with Section 30000)) and the provisions of this division,
the provisions of Division 20 (commencing with Section 30000) shall
control.
21175. In the event that a local agency formation commission,
acting pursuant to the provisions of Chapter 6.6 (commencing with
Section 54773) of Part 1 of Division 2 of Title 5 of, or pursuant to
Division 1 (commencing with Section 56000) of Title 6 of, the
Government Code, has approved a project without complying with this
division, such approval is hereby confirmed, validated, and declared
legally effective notwithstanding the failure to comply with this
division; provided, that such approval shall have occurred prior to
February 7, 1975.
21176. (a) Section 21175 shall not operate to confirm, validate, or
give legal effect to any project, the legality of which was being
contested in a judicial proceeding in which proceeding the pleadings,
prior to February 7, 1975, alleged facts constituting a cause of
action for, or raised the issue of, a violation of this division, and
which was pending and undetermined on February 7, 1975.
(b) Section 21175 shall not operate to confirm, validate, or give
legal effect to any project which had been determined in any judicial
proceeding, on or before the effective date of this section, to be
illegal, void, or ineffective because of noncompliance with this
division.
21177. (a) No action or proceeding may 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 issuance of the notice of determination.
(b) No person shall 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.
(c) This section does not preclude any 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.
21178. (a) This section applies only to an application received on
or before January 1, 2001, by the permit issuing agency, for a permit
to construct a project consisting of facilities, processing units,
or equipment necessary to produce Phase 3 reformulated gasoline.
(b) A lead agency shall determine whether an environmental impact
report should be prepared within 30 days of its determination that
the application for the project is complete.
(c) If a lead agency determines that an environmental impact
report should be prepared, the lead agency shall send a notice of
preparation, as provided in Section 21080.4, within 10 days of that
determination.
(d) If the environmental impact report will be prepared under
contract with the lead agency pursuant to Section 21082.1, the lead
agency shall issue a request for proposals for preparation of the
report as soon as it has adequate information to prepare a request
for proposals, and in any event, not later than 30 days after the
time for response to the notice of preparation has expired. The
contract shall be awarded within 30 days of the response date for the
request for proposals.
(e) The period of time for public review and comment on a draft
environmental impact report shall be 45 days from the date that a
copy of the draft environmental impact report is sent with the public
notice by first-class mail, or any other method that is at least as
prompt, to any requester. The lead agency may extend the comment
period for not more than 15 days if it determines that the public
interest will be served. This subdivision shall not be construed to
limit the authority of the lead agency to hold a public hearing to
receive comments on the draft report after expiration of the 45-day
period, or any extended review period. Any comment concerning the
adequacy of a negative declaration or environmental impact report
that is not received by the lead agency within the 45-day comment
period, within any extended review period, or at a public hearing
held after the expiration of the 45-day period, shall not be
considered part of the record before the lead agency in considering a
project approval.
(f) Where a public agency has approved a negative declaration or
certified an environmental impact report and approved a project, but
has failed to file within five working days after the approval
becomes final, the notice required by subdivision (a) of Section
21152, the permit applicant may file a notice of approval, as
specified in Section 21152 with the county clerk. The notice shall
identify the approving agency and shall contain all of the
information required by Section 21152. For purposes of Section
21167, a permit applicant's filing of a notice pursuant to this
subdivision shall have the same effect as the public agency's filing
of the notice required by Section 21152.
(g) No environmental impact report shall include a discussion of a
"no project" alternative, nor shall it include a discussion of any
alternative sites for the project that are outside of existing
refinery boundaries.
(h) Any action or proceeding brought pursuant to subdivision (c)
of Section 21167 shall be commenced within 20 days after the filing
of the notice required by subdivision (a) of Section 21152 by the
lead agency if the final environmental impact report is sent, by
first-class mail at least 15 days before the notice is filed.
(i) For the purposes of this section, "Phase 3 reformulated
gasoline" means gasoline meeting the specifications adopted by the
State Air Resources Board on or before January 1, 2000, pursuant to
Executive Order D-5-99.
(j) The deadlines established in subdivisions (b), (c), and (d)
may be extended by a public agency, to the extent that delay is
caused by a failure of the applicant to provide necessary information
on a timely basis or by the applicant's delay in paying any fees
required by the lead agency for preparation of the environmental
impact report.
(k) This section shall be repealed on January 1, 2003, unless a
later enacted statute, which is enacted on or before January 1, 2003,
deletes or extends the date on which it is repealed.
-END