BILL NUMBER: SB 617 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Evans
(Principal coauthor: Senator DeSaulnier)
FEBRUARY 22, 2013
An act to amend Sections 21060.5, 21068, 21080.5, 21083.9, 21092,
21092.2, 21092.3, 21100, 21108, 21152, and 21161 of, to amend,
repeal, and add Section 21167.6 of, to add and repeal Section
21167.6.2 of, and to repeal Sections 21080.01, 21080.02, 21080.03,
and 21080.04 of, the Public Resources Code, relating to the
California Environmental Quality Act.
LEGISLATIVE COUNSEL'S DIGEST
SB 617, as introduced, Evans. California Environmental Quality
Act.
(1) The California Environmental Quality Act (CEQA) requires a
lead agency, as defined, to prepare, or cause to be prepared, and
certify the completion of, an environmental impact report (EIR) on a
project that it proposes to carry out or approve that may have a
significant effect on the environment or to adopt a negative
declaration if it finds that the project will not have that effect.
CEQA also requires a lead agency to prepare a mitigated negative
declaration for a project that may have a significant effect on the
environment if revisions in the project would avoid or mitigate that
effect and there is no substantial evidence that the project, as
revised, would have a significant effect on the environment.
CEQA authorizes the Secretary of the Natural Resources Agency to
certify a regulatory program that meets specified requirements. CEQA
provides that written documentation required by those certified
regulatory programs may be submitted in lieu of an EIR. CEQA requires
an administering agency to file with the secretary a notice of
decision made pursuant to the certified regulatory program, which is
required to be available for public inspection. CEQA requires a lead
agency to call a scoping meeting for specified projects and provide a
notice of the meeting to specified entities. CEQA requires the lead
agency or a project proponent to file a notice of approval or
determination with Office of Planning and Research if the lead agency
is a state agency or with the county clerk if the lead agency is a
local agency. CEQA requires a public agency that has completed an EIR
to file with the Office of Planning and Research a notice of
completion.
CEQA requires a lead agency determining that an EIR is required
for a project to send a notice of that determination to specified
public agencies. CEQA requires a lead agency preparing an EIR, a
negative declaration, or making a specified determination regarding a
subsequent project to provide a public notice within a reasonable
time period before the certification of the EIR, or the adoption of a
negative declaration, or making the specified determination. CEQA
requires those notices to be posted in the office of the county clerk
in each county in which the project is located and requires the
notices to remain posted for 30 days. CEQA requires the county clerk
to post the notice within 24 hours of receipt.
This bill would additionally require the above mentioned notices
to be filed with both the Office of Planning and Research and the
county clerk and be posted by county clerk for public review. The
bill would require the county clerk to post the notices within one
business day, as defined, of receipt and stamp on the notice the date
on which the notices were actually posted. By expanding the services
provided by the lead agency and the county clerk, this bill would
impose a state-mandated local program. The bill would require the
county clerk to post the notices for at least 30 days. The bill would
require the Office of Planning and Research to post the notices on a
publicly available online database established and maintained by the
office. The bill would require the office to stamp the notices with
the date on which the notices were actually posted for online review
and would require the notices to be posted for at least 30 days. The
bill would authorize the office to charge an administrative fee not
to exceed $10 per notice filed. The bill would specify that a time
period or limitation period specified by CEQA does not commence until
the notice is actually posted for public review by the county clerk
or is available in the online database, whichever is later. The bill
would require the notice of determination to be filed solely by the
lead agency.
(2) CEQA authorizes, for a project that is determined by a state
agency to be exempted from the requirements of CEQA, a state agency
or a project proponent to file a notice of determination with the
Office of Planning and Research. CEQA authorizes, for a project that
is determined by a local agency to be exempted from the requirements
of CEQA, a local agency or a project proponent to file a notice of
determination with the county clerk of the county in which the
project is located.
This bill would require that notice of determination be filed with
both the Office of Planning and Research and the county clerk. By
requiring a county clerk to receive and post that notice of
determination filed by a state agency, this bill would impose a
state-mandated local program. The bill would provide that notice of
determination be filed by the lead agency only.
(3) This bill would require the Office of Planning and Research
and the county clerk, after the posting of the notices filed with
them, to return the notice to the filing agency with a notation of
the period the notice was posted. By requiring a county clerk to
return the notice, this bill would impose a state-mandated local
program.
(4) CEQA establishes a procedure for the preparation and
certification of the record of proceedings upon the filing of an
action or proceeding challenging a lead agency's action on the
grounds of noncompliance with CEQA.
This bill would require, until January 1, 2017, the lead agency,
at the request of a project applicant, to, among other things,
prepare a record of proceedings concurrently with the preparation of
negative declarations, mitigated negative declarations, EIRs, or
other environmental documents for specified projects. Because the
bill would require a lead agency to prepare the record of proceedings
as provided, this bill would impose a state-mandated local program.
(5) CEQA defines "environment" and "significant effect on the
environment" for its purposes. CEQA requires the EIR to include a
detailed statement setting forth specified facts.
This bill would revise those definitions, as specified. This bill
would additionally require the lead agency to include in the EIR a
detailed statement on any significant effects that may result from
locating development near, or attracting people to, existing or
reasonably foreseeable natural hazards or adverse environmental
conditions. Because the lead agency would be required to undertake
this additional consideration, this bill would impose a
state-mandated local program.
(6) The bill would repeal certain exemptions from the requirements
of CEQA related to the California Men's Colony West Facility, a
prison facilities at or in the vicinity of Corcoran, certain prison
facility in the County of King, and the Napa Valley Wine Train.
(7) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 21060.5 of the Public Resources Code is amended
to read:
21060.5. "Environment" means the physical conditions
which that exist within the area which
that will be affected by a proposed project,
including land, air, water, minerals, flora, fauna, noise, objects of
historic or aesthetic significance , as well as the health and
safety of people affected by the physical conditions at the location
of a project .
SEC. 2. Section 21068 of the Public Resources Code is amended to
read:
21068. "Significant effect on the environment" means a
substantial, or potentially substantial, adverse change in the
environment. "Significant effect on the environment" includes
exposure of people, either directly or indirectly, to substantial
existing or reasonably foreseeable natural hazard or adverse
condition of the environment.
SEC. 3. Section 21080.01 of the Public Resources Code is repealed.
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.
SEC. 4. Section 21080.02 of the Public Resources Code is repealed.
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 at or in the vicinity of Corcoran in Kings County as
authorized by the act that enacted this section.
SEC. 5. Section 21080.03 of the Public Resources Code is repealed.
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.
SEC. 6. Section 21080.04 of the Public Resources Code is repealed.
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.
SEC. 7. Section 21080.5 of the Public Resources Code is amended to
read:
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
an 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 Natural
Resources Agency has certified the regulatory program pursuant
to this section.
(b) This section applies only to regulatory programs or portions
thereof that 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 that 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 that would substantially lessen a significant
adverse effect that 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 that 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 pursuant to
Section 21092.3 .
(F) Require notice of the filing of the plan or other written
documentation to be posted pursuant to Section 21092.3 and
made to the public and to a person who requests, in writing,
notification. The notification shall be made in a manner that will
provide the public or a 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 Natural Resources Agency
shall certify a regulatory program that 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 may not extend to individual decisions to be
reached under the regulatory program, including the nature of
specific alternatives or mitigation measures that 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, a proposed change in the program that could affect
compliance with the qualifications for certification specified in
subdivision (d) may be submitted to the Secretary of the Natural
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 may not extend to individual decisions to be reached
under the regulatory program, including specific alternatives or
mitigation measures that 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) An 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 that 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
posting of notice of the approval or adoption of the
activity pursuant to Section 21092.3 .
(h) (1) An action or proceeding to attack, review, set aside,
void, or annul a determination of the Secretary of the Natural
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 an 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, a county agricultural
commissioner is a state agency.
(j) For purposes of this section, an air quality management
district or air pollution control district is a state agency, except
that the approval, if any, by 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.
(k) (1) The secretary, by July 1, 2004, shall develop a protocol
for reviewing the prospective application of certified regulatory
programs to evaluate the consistency of those programs with the
requirements of this division. Following the completion of the
development of the protocol, the secretary shall provide a report to
the Senate Committee on Environmental Quality and the Assembly
Committee on Natural Resources regarding the need for a grant of
additional statutory authority authorizing the secretary to undertake
a review of the certified regulatory programs.
(2) The secretary may update the protocol, and may update the
report provided to the legislative committees pursuant to paragraph
(1) and provide, in compliance with Section 9795 of the Government
Code, the updated report to those committees if additional statutory
authority is needed.
(3) The secretary shall provide a significant opportunity for
public participation in developing or updating the protocol described
in paragraph (1) or (2) including, but not limited to, at least two
public meetings with interested parties. A notice of each meeting
shall be provided at least 10 days prior to the meeting to a person
who files a written request for a notice with the agency and to the
Senate Committee on Environmental Quality and the Assembly Committee
on Natural Resources.
SEC. 8. Section 21083.9 of the Public Resources Code is amended to
read:
21083.9. (a) Notwithstanding Section 21080.4, 21104, or 21153, a
lead agency shall call at least one public scoping meeting
for either of the following:
(1) A proposed project that may affect highways or other
facilities under the jurisdiction of the Department of Transportation
if the meeting is requested by the department. The lead agency shall
call the scoping meeting as soon as possible, but not later than 30
days after receiving the request from the Department of
Transportation.
(2) A project of statewide, regional, or areawide significance.
(b) The lead agency shall provide notice of at least one
public scoping meeting held pursuant to paragraph (2) of
subdivision (a) by posting a notice of meeting pursuant to
Section 21092.3, and providing copies of the notice to all of
the following:
(1) A county or , city , or
tribal land that borders on a county or city within which the
project is located, unless otherwise designated annually by agreement
between the lead agency and the county or ,
city , or tribal government .
(2) A responsible agency.
(3) A public agency that has jurisdiction by law with respect to
the project.
(4) A transportation planning agency or public agency required to
be consulted pursuant to Section 21092.4.
(5) A public agency, organization, or individual who has filed a
written request for the notice.
(c) For a public agency, organization, or individual that is
required to be provided notice of a lead agency public meeting, the
requirement for notice of a scoping meeting pursuant to subdivision
(b) may be met by including the notice of a scoping meeting in the
public meeting notice.
(d) A public scoping meeting that is held in the city
or county within which the project is located pursuant to the federal
National Environmental Policy Act of 1969 (42 U.S.C. Sec. 4321 et
seq.) and the regulations adopted pursuant to that act shall be
deemed to satisfy the requirement that a public scoping
meeting be held for a project subject to paragraph (2) of subdivision
(a) if the lead agency meets the notice requirements of subdivision
(b) or subdivision (c).
(e) The referral of a proposed action to adopt or substantially
amend a general plan to a city or county pursuant to paragraph (1) of
subdivision (a) of Section 65352 of the Government Code may be
conducted concurrently with the public scoping meeting
required pursuant to this section, and the city or county may submit
its comments as provided pursuant to subdivision (b) of that section
at the public scoping meeting.
SEC. 9. Section 21092 of the Public Resources Code is amended to
read:
21092. (a) A lead agency that is preparing an environmental
impact report or a negative declaration or making a determination
pursuant to subdivision (c) of Section 21157.1 shall provide public
notice of that fact within a reasonable period of time prior to
certification of the environmental impact report, adoption of the
negative declaration, or making the determination pursuant to
subdivision (c) of Section 21157.1.
(b) (1) The notice shall specify the period during which comments
will be received on the draft environmental impact 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, 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, and a description of how the draft
environmental impact report or negative declaration can be provided
in an electronic format.
(2) This section shall not be construed in any manner that results
in the invalidation of an action because of the alleged inadequacy
of the notice content if there has been substantial compliance with
the notice content requirements of this section.
(3) The notice required by this section shall be filed and
posted pursuant to Section 21092.3 and 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 a 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.
(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 that 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.
SEC. 10. Section 21092.2 of the Public Resources Code is amended
to read:
21092.2. (a) The notices required pursuant to Sections 21080.4,
21080.5, 21083.9, 21092, 21108, 21152, and 21161 shall be
mailed to every 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. If the agency offers to
provide the notices by email, upon filing a written request for
notices, a person may request that the notices be provided to him or
her by email. 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, that is reasonably related to the costs of providing this
service.
(b) Subdivision (a) shall not be construed in any manner that
results in the invalidation of an action because of the failure of a
person to receive a requested notice, if there has been substantial
compliance with the requirements of this section.
(c) The notices required pursuant to Sections 21080.4 and 21161
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.
SEC. 11. Section 21092.3 of the Public Resources Code is amended
to read:
21092.3. (a) The notices required pursuant
to Sections 21080.4 and , 21080.5, 21083.9,
21092 for an environmental impact report
, 21108, 21152, and 21161 shall be filed with and
posted for public review 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 at least 30 days or the
full duration of any time period under this division that may
commence upon the filing of the notice, whichever is longer. The
clerk shall, thereafter, return the notice to the filing agency with
a notation of the period it was posted . 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 one
business day of receipt and shall stamp on the notice the date on
which it was actually posted for public review .
(b) The notices required pursuant to Sections 21080.4, 21080.5,
21083.9, 21092, 21108, 21152, and 21161 shall be filed with, and
posted on, a publicly available, online database established and
maintained by the Office of Planning and Research. The online
database shall include the capability to view and download the
notices in the form filed with the Office of Planning and Research.
Notices filed in the online database shall be stamped by the Office
of Planning and Research with the date on which they were actually
posted for online review by the public, and shall remain
electronically available in the database for a minimum of 10 years.
The Office of Planning and Research shall retain the physical copy of
the notice for at least 30 days or for the full duration of a time
period required pursuant to this division that may commence upon the
filing of the notice, whichever is longer. The Office of Planning and
Research shall, thereafter, return the notice to the filing agency
with a notation of the period it was posted. The Office of Planning
and Research shall post the notices in its online database within one
business day of receipt. The Office of Planning and Research may
require the agency filing the notice to pay an administrative fee not
to exceed ten dollars ($10) per notice filed for the purposes of
maintaining its online database and implementing its duties under
this section. The agency filing the notice may recover its filing
costs from the person specified in subdivision (b) or (c) of Section
21065, as reflected in the agency's record of proceedings.
(c) Any time periods or limitation periods established under this
division that are subject to the notices posted under this section
shall not commence until the notice is actually posted for public
review by the county clerk and in the online database maintained by
the Office of Planning and Research. If the county clerk and the
Office of Planning and Research posts the notice on different days,
the time period shall run from the date of the later posting.
(d) For the purposes of this section, "business days" does not
include Saturday, Sunday, or a day observed as a holiday by the state
government.
SEC. 12. Section 21100 of the Public Resources Code is amended to
read:
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.
(6) Any significant effects that may result from locating
development near, or attracting people to, existing or reasonably
foreseeable natural hazards or adverse environmental conditions.
(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.
SEC. 13. Section 21108 of the Public Resources Code is amended to
read:
21108. (a) If a state agency approves or determines to carry out
a project that is subject to this division, the state agency shall
file notice of that approval or that determination with the Office of
Planning and Research and with the county clerk of each county
in which the project will be located . The notice shall
identify the person or persons in subdivision (b) or (c) of Section
21065, as reflected in the agency's record of proceedings, and
indicate the determination of the state 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.
(b) If a state agency determines that a project is not subject to
this division pursuant to subdivision (b) of Section 21080 or Section
21172, and the state agency approves or determines to carry out the
project, the state agency or the person specified in
subdivision (b) or (c) of Section 21065 may file notice of
the determination with the county clerk of each county in which
the project will be located and the Office of Planning and
Research. A notice filed pursuant to this subdivision shall identify
the person or persons in subdivision (b) or (c) of Section 21065, as
reflected in the agency's record of proceedings. A 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 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
21172. The certificate of determination may be in the form of a
certified copy of an existing document or record of the state agency.
(c) A notice 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. The Office of Planning and
Research shall retain each notice for not less than 12 months.
SEC. 14. Section 21152 of the Public Resources Code is amended to
read:
21152. (a) If a local agency approves or determines to carry out
a project that is subject to this division, the local agency 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
and with the Office of Planning and Research . The notice
shall identify the person or persons in subdivision (b) or (c) of
Section 21065, as reflected in the agency's record of proceedings,
and 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) If a local agency determines that a project is not subject to
this division pursuant to subdivision (b) of Section 21080 or
pursuant to Section 21172, and the local agency approves or
determines to carry out the project, the local agency 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 and
the Office of Planning and Research . A notice filed pursuant
to this subdivision shall identify the person or persons in
subdivision (b) or (c) of Section 21065, as reflected in the agency's
record of proceedings. A 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 Section 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) A notice 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. A 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 12 months.
SEC. 15. Section 21161 of the Public Resources Code is amended to
read:
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 county clerk of each county in which the
project will be located and 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. The notice of completion shall identify the project
location by latitude and longitude. Failure to file the notice
required by this section shall not affect the validity of a project.
SEC. 16. Section 21167.6 of the Public Resources Code is amended
to read:
21167.6. Notwithstanding any other provision of
law, in all actions or proceedings brought pursuant to
Section 21167, except as provided for in Section 21167.6.2 or
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 personally 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 reasonable 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 that 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 paragraph (1) of 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 that 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, that 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 8.124 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.
(j) This section shall remain in effect only until January 1,
2017, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2017, deletes or extends
that date.
SEC. 17. Section 21167.6 is added to the Public Resources Code, to
read:
21167.6. Notwithstanding any other 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 personally 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 reasonable 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 that 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 paragraph (1) of 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 that 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, that 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 8.124 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.
(j) This section shall become operative on January 1, 2017.
SEC. 18. Section 21167.6.2 is added to the Public Resources Code,
to read:
21167.6.2. (a) Notwithstanding Section 21167.6, for a project
described in subdivision (f), upon the written request of a project
applicant received no later than 30 days after the date that a lead
agency makes a determination pursuant to subdivision (a) of Section
21080.1, Section 21094.5, or Chapter 4.2 (commencing with Section
21155), the lead agency shall prepare and certify the record of
proceedings in the following manner:
(1) The lead agency for the project shall prepare the record of
proceedings pursuant to this division concurrently with the
administrative process.
(2) All documents and other materials placed in the record of
proceedings that are not otherwise exempted from public disclosure
shall be posted on, and be downloadable from, an Internet Web site
maintained by the lead agency commencing with the date of the release
of the draft environmental document for a project specified in
subdivision (f). If the lead agency cannot maintain an Internet Web
site with the information required pursuant to this section, the lead
agency shall provide a link on the agency's Internet Web site to
that information.
(3) Except as provided in subdivision (r) of Section 6254 of the
Government Code, Section 6254.10 of the Government Code, Section 304
of the National Historic Preservation Act (16 U.S.C. Sec. 470w-3), or
subdivision (d) of Section 15120 of Title 14 of the California Code
of Regulations, the lead agency shall make available to the public,
in a readily accessible electronic format, the draft environmental
document for a project specified in subdivision (f) and all other
documents submitted to, cited by, or relied on by, the lead agency in
the preparation of the draft environmental document for a project
specified in subdivision (f).
(4) A document prepared by the lead agency or submitted by the
applicant after the date of the release of the draft environmental
document for a project specified in subdivision (f) that is a part of
the record of the proceedings shall be made available to the public
in a readily accessible electronic format within five business days
after the document is released or received by the lead agency.
(5) The lead agency shall encourage written comments on the
project to be submitted in a readily accessible electronic format,
and shall make any comment available to the public in a readily
accessible electronic format within five days of its receipt.
(6) Within seven business days after the receipt of any comment
that is not in an electronic format, the lead agency shall convert
that comment into a readily accessible electronic format and make it
available to the public in that format.
(7) The lead agency shall certify the record of proceedings within
30 days after the filing of the notice required pursuant to Section
21108 or 21152.
(b) Any dispute regarding the record of proceedings shall be
resolved by the court in an action or proceeding brought pursuant to
Section 21167. The parties shall meet and confer in good-faith effort
to resolve any dispute before seeking resolution in court.
(c) The content of the record of proceedings shall be as specified
in subdivision (e) of Section 21167.6.
(d) Subdivisions (g) to (i), inclusive, of Section 21167.6 are
applicable to an appeal of a decision in an action or proceeding
brought pursuant to Section 21167.
(e) The negative declaration, mitigated negative declaration,
draft and final environmental impact report, or other environmental
document for a project specified in subdivision (f) shall include a
notice in no less than 12-point type stating the following:
"THIS NEGATIVE DECLARATION, MITIGATED NEGATIVE DECLARATION, EIR,
OR ENVIRONMENTAL DOCUMENT IS SUBJECT TO SECTION 21167.6.2 OF THE
PUBLIC RESOURCES CODE, WHICH REQUIRES THE RECORD OF PROCEEDINGS FOR
THIS PROJECT TO BE PREPARED CONCURRENTLY WITH THE ADMINISTRATIVE
PROCESS, DOCUMENTS PREPARED BY, OR SUBMITTED TO, THE LEAD AGENCY TO
BE POSTED ON THE LEAD AGENCY'S INTERNET WEB SITE, AND THE LEAD AGENCY
TO ENCOURAGE WRITTEN COMMENTS ON THE PROJECT TO BE SUBMITTED TO THE
LEAD AGENCY IN A READILY ACCESSIBLE ELECTRONIC FORMAT."
(f) This section applies to the record of proceedings for the
preparation of a negative declaration, mitigated negative
declaration, environmental impact report, or other environmental
document prepared for any of the following:
(1) A project determined to be of statewide, regional, or areawide
environmental significance pursuant to subdivision (d) of Section
21083.
(2) A project subject to Section 21094.5 or Chapter 4.2
(commencing with Section 21155).
(3) (A) A project, other than one described in paragraphs (1) and
(2), for which the lead agency consents to prepare the record of
proceedings pursuant to this paragraph.
(B) The lead agency shall respond to a request by the project
applicant within 10 business days from the date that the request
pursuant to subdivision (a) is received by the lead agency.
(C) A project applicant and the lead agency may mutually agree, in
writing, to extend the time period for the lead agency to respond
pursuant to subparagraph (B), but they shall not extend that period
beyond the commencement of the public review period for the proposed
negative declaration, mitigated negative declaration, or draft
environmental impact report.
(D) The request to prepare a record of proceedings pursuant to
this paragraph shall be deemed denied if the lead agency fails to
respond within 10 business days of receiving the request or within
the time period agreed upon pursuant to subparagraph (C), whichever
ends later.
(g) The project applicant shall reimburse the lead agency for the
costs incurred in compliance with this section in a manner specified
by the lead agency, and a plaintiff or petitioner in an action or
proceeding filed pursuant to Section 21167, if any, is not required
to pay these costs.
(h) The costs of preparing the record of proceedings pursuant to
this section and complying with the requirements of this section are
not recoverable costs pursuant to Section 1033 of the Code of Civil
Procedure.
(i) This section shall remain in effect only until January 1,
2017, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2017, deletes or extends
that date.
SEC. 19. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because a
local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the
Government Code.