California Environmental Quality Act (CEQA)

(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