Amended in Senate April 18, 2013

Senate Bill No. 787

Introduced by Senator Berryhill

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(Coauthors: Senators Emmerson, Fuller, Gaines, Huff, Knight, Nielsen, Walters, and Wyland)

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(Coauthor: Assembly Member Hagman)

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February 22, 2013

An act to add Division 13.6 (commencing with Section 21200) to the Public Resources Code, relating to environmental quality.

LEGISLATIVE COUNSEL’S DIGEST

SB 787, as amended, Berryhill. Environmental quality: the Sustainable Environmental Protection Act.

The California Environmental Quality Act begin delete (CEQA) end delete begin insert , or CEQA, end insert requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report begin delete (EIR) end delete begin insert , or EIR, end insert 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.

Existing law establishes regulations related to numerous environmental issues.

This bill would enact the Sustainable Environmental Protection Act and would specify the environmental review required pursuant to CEQA for projects related to specified environmental topical areas. For a judicial action or proceeding filed challenging an action taken by a lead agency on the ground of noncompliance with CEQA, the bill would prohibit a cause of action that (1) begin delete alleges noncompliance with CEQA based on end delete begin insert relates end insert any topical area or criteria for which compliance obligations are identified or (2) challenges the environmental document begin delete based on noncompliance with CEQA end delete if: (A) the environmental document discloses compliance with applicable environmental law, (B) the project conforms with the use designation, density, or building intensity in an applicable plan, as defined, and (C) the project approval incorporates applicable mitigation requirements into the environmental document. The bill would provide that the Sustainable Environmental Protection Act only applies if the lead agency or project applicant has agreed to provide to the public in a readily accessible electronic format an annual compliance report prepared pursuant to the mitigation monitoring and reporting program.

Because this bill would impose additional duties on local agencies, it would impose a state-mandated local program.

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.  

Division 13.6 (commencing with Section 21200)
is added to the Public Resources Code, to read:

 

Division 13.6.  SUSTAINABLE ENVIRONMENTAL
PROTECTION ACT

 

21200.  

This division shall be known and may be cited as the
Sustainable Environmental Protection Act.

21200.5.  

The Legislature finds and declares all of the following:

(a) The Legislature adopted the California Environmental
Quality Act (Division 13 (commencing with Section 21000))
(CEQA) in 1970 in recognition that the maintenance of a quality
environment for the people of this state is a matter of statewide
concern.

(b) Guidelines implementing CEQA have evolved and expanded,
and currently provide that project impacts be evaluated based on
84 criteria covering the following 17 environmental topical areas:

(1) Air quality.

(2) Biological resources, including protected species and habitat
types.

(3) Cultural resources, including archaeological resources.

(4) Geology and soils, including seismic and landslide risk.

(5) Greenhouse gas emissions.

(6) Hazards and hazardous materials, including toxic chemical
exposures, brownfields or contaminated site issues, and accident
risks.

(7) Hydrology and water quality, including flooding and sea
level rise.

(8) Land use planning, including consistency with land use
plans.

(9) Public services, including fire and police protection, schools,
parks, and other public facilities.

(10) Traffic and transportation, including transit, vehicular,
bicycle, and pedestrian transportation, emergency access, and
roadway safety.

(11) Utilities and service systems, including wastewater, water
supply, stormwater, landfill, and waste management systems.

(12) Aesthetics.

(13) Agriculture and forestry resources.

(14) Mineral resource availability.

(15) Noise.

(16) Population and housing growth.

(17) Recreational resources.

(c) In the years before and the 40 years following the enactment
of CEQA, Congress and the Legislature have each adopted more
than 100 laws to protect environmental quality in those
environmental topical areas required to be independently mitigated
under CEQA described in subdivision (b). The Legislature has
enacted environmental protection laws that are as or more stringent
than federal law, and California environmental laws are often at
the cutting edge of environmental protection nationally and even
globally. These environmental protection laws, all enacted after
1970, include, but are not limited to, the following:

(1) Air quality, including air pollution and toxic air
contaminants: the federal Clean Air Act (42 U.S.C. Sec. 7401 et
seq.) and the federal Acid Precipitation Act of 1980 (42 U.S.C.
Sec. 8901 et seq.), and California air quality laws, including
Division 26 (commencing with Section 39000) of the Health and
Safety Code, the Protect California Air Act of 2003 (Chapter 4.5
(commencing with Section 42500) of Part 4 of Division 26 of the
Health and Safety Code), the Carl Moyer Memorial Air Quality
Standards Attainment Program (Chapter 9 (commencing with
Section 44275) of Part 5 of Division 26 of the Health and Safety
Code), the California Port Community Air Quality Program
(Chapter 9.8 (commencing with Section 44299.80) of Part 5 of
Division 26 of the Health and Safety Code), the California Clean
Schoolbus Program (Chapter 10 (commencing with Section
44299.90) of Part 5 of Division 26 of the Health and Safety Code),
the Air Pollution Permit Streamlining Act of 1992 (Article 1.3
(commencing with Section 42320) of Chapter 4 of Part 4 of
Division 26 of the Health and Safety Code), and the California air
pollution control laws, including the Air Toxics “Hot Spots”
Information and Assessment Act of 1987 (Part 6 (commencing
with Section 44300) of Division 26 of the Health and Safety Code),
the Atmospheric Acidity Protection Act of 1988 (Chapter 6
(commencing with Section 39900) of Part 2 of Division 26 of the
Health and Safety Code), the Connelly-Areias-Chandler Rice Straw
Burning Reduction Act of 1991 (Section 41865 of the Health and
Safety Code), and the Lewis-Presley Air Quality Management Act
(Chapter 5.5 (commencing with Section 40400) of Part 3 of
Division 26 of the Health and Safety Code).

(2) Biological resources, including protected species and habitat
types: the federal Endangered Species Act of 1973 (16 U.S.C. Sec.
1531 et seq.), the federal Migratory Bird Treaty Act (16 U.S.C.
Sec. 703 et seq.), the federal Bald and Golden Eagle Protection
Act (16 U.S.C. Sec. 668), Section 404(b) of the federal Clean
Water Act (33 U.S.C. Sec. 1344(b)), the federal Marine Mammal
Protection Act of 1972 (16 U.S.C. Sec. 1361 et seq.), the federal
Nonindigenous Aquatic Nuisance Prevention and Control Act of
1990 (16 U.S.C. Sec. 4701 et seq.), the California Endangered
Species Act (Chapter 1.5 (commencing with Section 2050) of
Division 3 of the Fish and Game Code), Sections 1602, 3503.5,
3511, 3513, and 4700 of the Fish and Game Code, the Oak
Woodlands Conservation Act (Article 3.5 (commencing with
Section 1360) of Chapter 3 of Division 2 of the Fish and Game
Code), Article 3 (commencing with Section 355) of Chapter 3 of
Division 1 of the Fish and Game Code, Division 5 (commencing
with Section 5000) of the Fish and Game Code, Division 6
(commencing with Section 5500) of the Fish and Game Code, and
subdivision (e) of Section 65302 of the Government Code.

(3) Cultural resources, including archaeological resources:
Section 106 of the federal National Historic Preservation Act (16
U.S.C. Sec. 470(f)), the federal American Indian Religious
Freedom Act (42 U.S.C. Sec. 1996), Section 7050.5 of the Health
and Safety Code, and Section 5097.9.

(4) Climate change and greenhouse gas emissions: the federal
Clean Air Act (42 U.S.C. Sec. 7401 et seq.), the federal Energy
Independence and Security Act of 2007 (42 U.S.C. Sec. 17001 et
seq.), the California Global Warming Solutions Act of 2006
(Division 25.5 (commencing with Section 38500) of the Health
and Safety Code), Division 26 (commencing with Section 39000)
of the Health and Safety Code, the California Alternative and
Renewable Fuel, Vehicle Technology, Clean Air, and Carbon
Reduction Act of 2007 (Chapter 8.9 (commencing with Section
44270) of Part 5 of Division 26 of the Health and Safety Code),
the California Energy-Efficient Vehicle Group Purchase Program
(Article 1.5 (commencing with Section 43810) of Chapter 4 of
Part 5 of Division 26 of the Health and Safety Code), Section
43018.5 of the Health and Safety Code, and Chapter 728 of the
Statutes of 2008.

(5) Hazards and hazardous materials, including toxic chemical
exposures, brownfields or contaminated site issues, and chemical
accident risks: the federal Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
Sec. 9601 et seq.), the federal Resource Conservation and Recovery
Act of 1976 (42 U.S.C. Sec. 6901 et seq.), the federal Emergency
Planning and Community Right-to-Know Act of 1986 (42 U.S.C.
Sec. 11001 et seq.), the federal Pollution Prevention Act of 1990
(42 U.S.C. Sec. 13101 et seq.), the federal Oil Pollution Act of
1990 (33 U.S.C. Sec. 2701 et seq.), the Federal Insecticide,
Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136 et seq.), the
federal Toxic Substances Control Act (15 U.S.C. Sec. 2601 et
seq.), the federal Asbestos Hazard Emergency Response Act of
1986 (15 U.S.C. Sec. 2641 et seq.), the federal Lead-Based Paint
Exposure Reduction Act (15 U.S.C. Sec. 2681 et seq.), the federal
Low-Level Radioactive Waste Policy Act (42 U.S.C. Sec. 2121b
et seq.), the federal Lead Contamination Control Act of 1988 (42
U.S.C. Sec. 300j-21 et seq.), the Hazardous Waste Control Law
(Chapter 6.5 (commencing with Section 25100) of Division 20 of
the Health and Safety Code), Chapter 6.7 (commencing with
Section 25280) of Division 20 of the Health and Safety Code,
Sections 25356.1.5 and 25395.94 of the Health and Safety Code,
Chapter 6.95 (commencing with Section 25500) of Division 20 of
the Health and Safety Code, the Elder California Pipeline Safety
Act of 1981 (Chapter 5.5 (commencing with Section 51010) of
Part 1 of Division 1 of Title 5 of the Government Code), and the
Natural Gas Pipeline Safety Act of 2011 (Article 2 (commencing
with Section 955) of Chapter 4.5 of Part 1 of Division 1 of the
Public Utilities Code).

(6) Hydrology and water quality, including flooding and sea
level rise: the federal Water Pollution Control Act (33 U.S.C. Sec.
1251 et seq.), the National Contaminated Sediment Assessment
and Management Act (33 U.S.C. Sec. 1271 et seq.), the federal
Safe Drinking Water Act (33 U.S.C. Sec. 300f et seq.), Section
1602 of the Fish and Game Code, the Integrated Regional Water
Management Planning Act (Part 2.2 (commencing with Section
10530) of Division 6 of the Water Code), the Stormwater Resource
Planning Act (Part 2.3 (commencing with Section 10560) of
Division 6 of the Water Code), the Porter-Cologne Water Quality
Control Act (Division 7 (commencing with Section 13000) of the
Water Code), the Safe Drinking Water and Toxic Enforcement
Act of 1986 (Chapter 6.6 (commencing with Section 25249.5) of
Division 20 of the Health and Safety Code), the Urban Water
Management Planning Act (Part 2.6 (commencing with Section
10610) of Division 6 of the Water Code), Part 2.10 (commencing
with Section 10910) of Division 6 of the Water Code, the Water
Conservation in Landscaping Act (Article 10.8 (commencing with
Section 65591) of Chapter 3 of Division 1 of Title 7 of the
Government Code), the Storm Water Enforcement Act of 1998
(Chapter 5.9 (commencing with Section 13399.25) of Division 7
of the Water Code), the Water Recycling Law (Chapter 7
(commencing with Section 13500) of Division 7 of the Water
Code), Chapter 7.3 (commencing with Section 13560) of Division
7 of the Water Code, and Part 2.75 (commencing with Section
10750) of Division 6 of the Water Code.

(7) Land use planning including consistency with land use plans:
the federal Coastal Zone Management Act of 1972 (16 U.S.C. Sec.
1451 et seq.), the Federal Land Policy and Management Act of
1976 (43 U.S.C. Sec. 1701 et seq.), the federal Forest and
Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C.
Secs. 1600 to 1614, incl., and 1641 to 1649, incl.), the National
Forest Management Act of 1976 (16 U.S.C. Secs. 1600 and 1611
to 1614, incl.), the Planning and Zoning Law (Title 7 (commencing
with Section 65000) of the Government Code), the Subdivision
Map Act (Division 2 (commencing with Section 66410) of Title
7 of the Government Code), the California Coastal Act of 1976
(Division 20 (commencing with Section 30000) of this code), the
Cortese-Knox-Hertzberg Local Government Reorganization Act
of 2000 (Part 1 (commencing with Section 56000) of Division 3
of Title 5 of the Government Code), the California Green Building
Standards Code (Part 11 of Title 24 of the California Code of
Regulations), and the California Building Code (Part 2 of Title 24
of the California Code of Regulations).

(8) Public services, including fire and police protection, schools,
parks, solid waste, recycling, and other public facilities: Chapter
2 (commencing with Section 17921) of Part 1.5 of Division 13 of
the Health and Safety Code, Sections 65996, 65997, and 66477 of
the Government Code, Title 7.3 (commencing with Section 66799)
of the Government Code, the Used Oil Recycling Act (Article 9
(commencing with Section 3460) of Chapter 1 of Division 3 of
this code), the California Beverage Container Recycling and Litter
Reduction Act (Division 12.1 (commencing with Section 14500),
Division 12.3 (commencing with Section 16000), Division 12.4
(commencing with Section 16050), and Division 12.7 (commencing
with Section 18000) of this code), the Fiberglass Recycled Content
Act of 1991 (Division 12.9 (commencing with Section 19500) of
this code), the California Integrated Waste Management Act of
1989 (Division 30 (commencing with Section 40000) of this code),
the California Fire Code (Part 9 of Title 24 of the California Code
of Regulations), and Sections 1270 and 6773 of Title 8 of the
California Code of Regulations.

(9) Traffic and transportation, including transit, vehicular,
bicycle, and pedestrian transportation, emergency access, and
roadway safety: the federal Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users (23 U.S.C. Sec.
101 et seq.), Titles 23 and 49 of the United States Code, and
Chapter 2.3 (commencing with Section 65070), Chapter 2.5
(commencing with Section 65080), and Chapter 2.8 (commencing
with Section 65088) of Division 1 of Title 7 of the Government
Code.

(10) Utilities and service systems, including wastewater, water
supply, stormwater, landfill and waste management systems: Part
2.10 (commencing with Section 10910) of Division 6 of the Water
Code, Part 2.55 (commencing with Section 10608) of Division 6
of the Water Code, the Urban Water Management Planning Act
(Part 2.6 (commencing with Section 10610) of Division 6 of the
Water Code), and the Water Conservation in Landscaping Act
(Article 10.8 (commencing with Section 65591) of Chapter 3 of
Division 1 of Title 7 of the Government Code).

(11) Aesthetics: the federal Highway Beautification Act of 1965
(23 U.S.C. Sec. 131), Article 2.5 (commencing with Section 260)
of Chapter 1 of Division 1 of the Streets and Highways Code, the
Outdoor Advertising Act (Chapter 2 (commencing with Section
5200) of Division 3 of the Business and Professions Code), and
subdivision (e) of Section 656302 of the Government Code.

(12) Agriculture: the federal Soil and Water Conservation Act
of 1977 (16 U.S.C. Sec. 2001 et seq.) and the Williamson Act
(Chapter 7 (commencing with Section 51200) of Part 1 of Division
1 of Title 5 of the Government Code); and forestry resources: the
Z’Berg-Nejedly Forest Practice Act of 1973 (Chapter 8
(commencing with Section 4511) of Part 2 of Division 4) and
corresponding regulations (Chapter 4 (commencing with Section
895), Chapter 4.5 (commencing with Section 1115), and Chapter
10 (commencing with Section 1600) of Division 1.5 of Title 14
of the California Code of Regulations), Protection of Forest, Range
and Forage Lands (Part 2 (commencing with Section 4101) of
Division 4), and the Wild and Scenic Rivers Act (Chapter 1.4
(commencing with Section 5093.50) of Division 5).

(13) Mineral resources: the federal Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. Sec. 1201 et seq.) and the
Surface Mining and Reclamation Act of 1975 (Chapter 9
(commencing with Section 2710) of Division 2).

(14) Noise: the federal Noise Control Act of 1972 (43 U.S.C.
Sec. 4901 et seq.), the federal Aviation Safety and Noise
Abatement Act of 1979 (49 U.S.C. Sec. 47501 et seq.), Article 5
(commencing with Section 65300) of Chapter 3 of Division 1 of
Title 7 of the Government Code, the California Noise Insulation
Standards (Part 2 of Title 24 of the California Code of Regulations),
the California Employee Noise Exposure Limits (Article 105
(commencing with Section 5095) of Group 15 of Subchapter 7 of
Chapter 4 of Division 1 of Title 8 of the California Code of
Regulations).

(d) Over the same 40-year period since the enactment of CEQA,
the Legislature has also adopted environmental protection laws
affecting three topical areas for which the United States Congress
has not taken any action to adopt federal environmental law of
general application in California, as follows:

(1) Geology and soils, including seismic and landslide risk: the
Alquist-Priolo Earthquake Fault Zoning Act (Chapter 7.5
(commencing with Section 2621) of Division 2 of this code), the
Seismic Hazards Mapping Act (Chapter 7.8 (commencing with
Section 2690) of Division 2 of this code), the California Building
Code (Title 24 of the California Code of Regulations), Chapter
12.2 (commencing with Section 8875) of Division 1 of Title 2 of
the Government Code, subdivision (g) of Section 65302 of the
Government Code, and the Surface Mining and Reclamation Act
of 1975 (Chapter 9 (commencing with Section 2710) of Division
2 of this code).

(2) Population and housing growth: Article 10.6 (commencing
with Section 65580) of Chapter 3 of Division 1 of Title 7 of the
Government Code and Chapter 13 (commencing with Section
75120) of Division 43.

(3) Recreational resources: Section 66477 of the Government
Code and the Public Park Preservation Act of 1971 (Chapter 2.5
(commencing with Section 5400) of Division 5 of this code).

(e) When enacting CEQA and subsequent amendments, the
Legislature declared its intent to ensure that all public agencies
give major consideration to preventing environmental damage,
while providing a decent home and satisfying living environment
for every Californian and to create and maintain conditions under
which humankind and nature can exist in productive harmony to
fulfill the social and economic requirements of present and future
generations.

(f) Environmental laws, including implementing plans,
programs, regulations, and permit requirements that have been
adopted since the 1970 enactment of CEQA, are designed to ensure
California continues as a national and international leader in
protecting the environment, health, safety, and welfare of California
and those within its borders.

(1) At the local level, the California Constitution and California
law require cities, counties, and cities and counties to adopt land
use plans in order to develop and implement an orderly planning
process for protecting and enhancing the quality of the community
and the environment while providing for jobs, revenues,
recreational and other services, housing, and other community
needs.

(2) Pursuant to Chapter 728 of the Statutes of 2008, metropolitan
planning organizations (MPOs) are directed to prepare sustainable
communities strategies (SCSs) to reduce regional greenhouse gas
emissions from the land use and transportation sector. Additionally,
many cities and counties have adopted, or are in the process of
adopting, land use plans such as general plan updates, zoning code
revisions, specific plans, community plans, and area plans to
encourage both renewable energy production and higher density,
transit-oriented development patterns.

(3) In response to the challenges of climate change and in
furtherance of energy independence and security, the Legislature
has established significant new mandates for the development and
use of renewable energy and higher density development patterns
that promote transit utilization and conserve water and energy
resources.

(4) With recent mandates and policies encouraging denser
development patterns to promote transit, energy and water
efficiency, job and housing growth is prioritized in areas that are
already well populated and include urbanized conditions such as
regional freeway congestion and local roadway congestion, and
neighborhood-scale challenges such as parking and evolving
aesthetic values. By directing growth into higher density,
transit-oriented development patterns, SCS and local land use plan
and zoning code adoption and implementation generally cause
significant unavoidable density-related adverse environmental
impacts under CEQA, such as traffic and parking and related air
quality emissions. Additionally, infrastructure and services in many
urbanized areas are challenged and require upgrades that are
beyond the fiscal ability or jurisdictional authority, or both, of a
city or county, resulting in findings of additional significant
unavoidable impacts for CEQA purposes. Impacts from higher
density development land use plans and zoning code revisions
(urbanization impacts) are evaluated and in many instances
approved by decisionmakers as an appropriate policy decision
based on climate, energy security, agricultural or open-space
preservation, or other inherent policy choices that are informed by
the EIR’s environmental analysis and public disclosure process.

(g) Environmental laws and regulations identify compliance
obligations that apply uniformly to similarly situated projects and
activities, and provide critical environmental protections that go
well beyond the ad hoc review process created by CEQA.
Environmental laws and regulations identify compliance
obligations of general applicability and thereby provide greater
clarity than the project-by-project ad hoc review process that was
created for CEQA in 1970.

(h) CEQA requires a public and environmental review process
for the review and adoption of land use plans and zoning code
revisions, including requirements to avoid or minimize the
significant environmental impacts of land use plan and zoning
code implementation. For plan or zoning code changes for which
an environmental impact report (EIR) was prepared and certified,
CEQA mandates inclusion of mitigation measures and alternatives
to avoid or minimize significant unavoidable impacts.

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(i) Despite these stringent environmental laws and local
planning requirements, public and private projects throughout the
state are commonly challenged under CEQA even when a project
meets all other environmental standards of existing laws.

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(i)

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begin insert (j) end insert  The court, in Friends of Westwood v. City of Los Angeles
(1987) 191 Cal.App.3d 259, determined that the CEQA process
is required even for projects that complied with the density, use
type, and intensity restrictions in applicable land use plans and the
zoning code.

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(j)

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begin insert (k) end insert  Applying CEQA’s existing requirements at a project-specific
level can often undermine the policy goals and objectives of
applicable land use plans. A project that brings higher density to
an area, with corresponding jobs, revenues, or housing, also brings
traffic and parking demands, with associated air quality and other
impacts, as well as a host of other urbanized effects as disclosed
in the land use plan EIR. Where urbanized effects have been
mitigated on the plan level to the extent feasible, the reanalysis of
these impacts at the project level can be problematic.

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(k)

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begin insert (l) end insert  Duplicative CEQA review of projects that comply with the
density, use type, and intensity requirements of land use plans that
have already undergone an EIR process was not intended by the
Legislature and creates unacceptable delays and uncertainties in
the plan implementation process. Avoidance of duplicative review
will reduce litigation and the considerable political uncertainty
that has resulted for communities and project proponents who
attempt to implement land use plans, notwithstanding previously
disclosed significant unavoidable urbanized impacts.

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(l)

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begin insert (m) end insert  Development of projects consistent with the density, use
type, and intensity requirements of land use plans should be
encouraged by avoiding duplicative environmental review of those
projects if project approval is conditioned on implementing
applicable mitigation measures included in the EIR prepared for
the applicable land use plans.

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(m)

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begin insert (n) end insert  Public agencies are subject to public notice and disclosure
requirements when approving projects, including the Ralph M.
Brown Act (Chapter 9 (commencing with Section 54950) of Part
1 of Division 2 of Title 5 of the Government Code) and the
Bagley-Keene Open Meeting Act (Article 9 (commencing with
Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of
the Government Code), and are also authorized to require
comprehensive project applications and to condition project
approvals under their police powers and other laws, not including
CEQA.

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(n)

end delete

begin insert (o) end insert  Public agencies are encouraged to create and maintain
electronic records where feasible to reduce paperwork and increase
efficiency. The prompt commencement and resolution of litigation
filed under this division and CEQA is dependent upon the prompt
availability of the respondent public agency’s record of proceedings
for the challenged agency action. There are no practical means by
which records of proceedings which are predominantly maintained
in electronic format can be readily accessed, organized, and
produced by any party other than the respondent public agency.
Where all or most of the respondent agency’s record of proceeding
is maintained by the respondent agency or its designee in an
electronic format, timely production of the record of proceedings
requires that the record be prepared by the respondent agency.

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(o)

end delete

begin insert (p) end insert  In enacting this division, it is the intent of the Legislature
to further the purposes of CEQA by integrating environmental and
planning laws and regulations adopted over the last 40 years, while
avoiding the sometimes conflicting and often duplicative ad hoc
environmental review and mitigation requirements under CEQA.

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(p)

end delete

begin insert (q) end insert  In enacting this division, it is also the intent of the
Legislature to continue to foster public disclosure and informed
public participation of the environmental consequences of projects.

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(q)

end delete

begin insert (r) end insert  In enacting this division, it is the intent of the Legislature to
preserve the authority of a lead agency, consistent with the
jurisdiction and authority of that agency, to disapprove projects
or to condition approvals of projects on terms that may require
more stringent environmental protections or project approval
conditions than those required by applicable environmental or
planning laws.

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(s) In enacting this division, it is the intent of the Legislature to
modernize CEQA to conform to California’s comprehensive
environmental laws and regulations to produce thoughtful CEQA
reforms that can preserve the law’s original intent of environmental
protection while eliminating duplicative environmental analysis
and providing a higher level of certainty for project proponents.

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21201.  

For the purposes of this division, the following
definitions shall apply:

(a) “Applicable environmental law” is a law related to an
environmental topical area listed in subdivision (b) of Section
21200.5 that is relevant to a project and that does any of the
following:

(1) Includes a policy determination, or directs or authorizes the
adoption by an implementing agency of regulations, plans, or
permits, licenses, or authorization applications and approval
processing procedure and practices to implement that policy
determination, regarding a standard applicable to a topical area
requiring analysis and mitigation under CEQA.

(2) Identifies quantitative and qualitative analytical methods or
approaches, or directs or authorizes the adoption by an
implementing agency of regulations, plans, or permits, licenses,
or authorization applications and approval processing procedures
and practices that include those analytical methods or approaches,
regarding a standard.

(3) Identifies required or permissible practices for mitigating
or minimizing adverse impacts to a topical area requiring analysis
and mitigation under CEQA, or directs or authorizes the adoption
by an implementing agency of regulations or plans, or directs or
authorizes an implementing agency to review and approve permits,
licenses, or authorization applications that include avoidance,
minimization, mitigation, conditions or other requirements to
achieve a standard applicable to a topical area requiring analysis
and mitigation under CEQA.

(b) “Applicable plan” means a planning document for which
an environmental impact report, supplemental environmental
impact report, or environmental impact report addendum was
certified, including either of the following:

(1) A land use plan, such as a general plan, specific plan, or
sustainable communities strategies adopted by a city, county, city
and county, metropolitan planning organization, or other local,
regional, or state agency that establishes use designations, densities,
and building intensities.

(2) A plan to improve or maintain public facilities or
infrastructure to be funded in whole or in part by public funds and
which has been adopted by a local, regional, or state agency.

(c) “Applicable mitigation requirements” means all mitigation
measures included in an applicable plan with the exception of
mitigation measures the lead agency determines, based on
substantial evidence, are not required to mitigate a potentially
significant impact of a proposed project.

(d) “CEQA” means the California Environmental Quality Act
(Division 13 (commencing with Section 21000)).

(e) “Implementing agency” means any state or federal agency,
board, or commission, any county, city and county, city, regional
agency, public district, or other political subdivision.

(f) “Standard” means a quantitative or qualitative level of
protection, preservation, enhancement, pollution, reduction,
avoidance, or other measure for a topical area requiring analysis
and mitigation under CEQA.

21202.  

(a) An environmental document prepared pursuant to
CEQA shall disclose all applicable environmental laws.

(1) An environmental document prepared under CEQA and that
discloses an applicable environmental law described in paragraph
(1) of subdivision (a) of Section 21201 shall disclose the applicable
compliance requirements of that law, and compliance with the
applicable standards for impacts that occur or might occur as a
result of approval of the project shall be the exclusive means of
evaluating and mitigating environmental impacts under CEQA
regarding the subject of that law, notwithstanding any other
provision of law.

(2) An environmental document prepared under CEQA and that
discloses an applicable environmental law described in paragraph
(2) of subdivision (a) of Section 21201 shall disclose the applicable
analytical methods or approaches, and the disclosure of those
analytical methods or approaches shall be the exclusive means of
evaluating potential project impacts under CEQA regarding the
relevant law, notwithstanding any other provision of law.

(3) An environmental document prepared under CEQA and that
discloses an applicable environmental law described in paragraph
(3) of subdivision (a) of Section 21201 shall disclose the applicable
mitigation and minimization methods or approaches typically used
by implementing agencies as part of their review and approval or
permits, licenses, or authorization applications, and compliance
with mitigation and minimization practices shall be the exclusive
means of mitigating environmental impacts under CEQA regarding
the subject of the relevant law, notwithstanding any other provision
of law.

(b) The disclosure obligations set forth in this section are
intended to foster informed environmental review and public
participation in the environmental and public review process
required by CEQA or other applicable laws and regulations, such
as the Ralph M. Brown Act (Chapter 9 (commencing with Section
54950) of Part 1 of Division 2 of Title 5 of the Government Code)
and the Bagley-Keene Open Meeting Act (Article 9 (commencing
with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title
2 of the Government Code).

21203.  

(a) A cause of action shall not be commenced under
Section 21167 for noncompliance with CEQA under either of the
following circumstances:

(1) If the cause of action relates to an environmental topical
area listed in subdivision (b) of Section 21200.5 and the
environmental document discloses compliance with any applicable
environmental law pertaining to a topical area or any regulation,
plan, permit, license, or authorization application and approval
processing procedures adopted by an implementing agency as
directed or authorized by that applicable environmental law.

(2) If the environmental document for the project discloses
compliance with applicable environmental law pertaining to a
topical area or any regulation, plan, permit, license, or authorization
application and approval processing procedures adopted by an
implementing agency as directed or authorized by that applicable
environmental law; the project conforms to the use designation,
density, or building intensity in a land use plan or was included in
any other applicable plan identified in subdivision (b) of Section
21201; and the lead agency incorporates applicable mitigation
requirements included in the certified environmental impact report,
supplemental environmental impact report, or environmental
impact report addendum prepared for the applicable plan into the
environmental document prepared for the project.

(b) This section does not prohibit a cause of action otherwise
authorized by law to enforce compliance with any other existing
local, state, and federal law, regulation, or applicable plan.

21204.  

(a) Except for projects with potentially significant
aesthetic impacts on an official state scenic highway established
pursuant to section 262 of the Streets and Highways Code, a lead
agency shall not be required to evaluate aesthetics pursuant to
CEQA or this division, and the lead agency shall not be required
to make findings pursuant to subdivision (a) of Section 21081 on
or relating to aesthetic impacts.

(b) This section does not change the authority of a lead agency
to consider aesthetic issues and to require mitigation or avoidance
of adverse aesthetic impacts pursuant to discretionary powers
provided by laws other than CEQA or this division.

21204.5.  

This division does not modify the obligation of a lead
agency to evaluate the potential for a project to effect Native
American resources and to comply with Section 5097.98, including
the obligation to discuss and confer with the appropriate Native
Americans, as identified by the Native American Heritage
Commission and the obligation to avoid, mitigate, and minimize
adverse impacts to significant Native American resources.

21205.  

This division applies only to projects for which the lead
agency or applicant has agreed to provide to the public in a readily
accessible electronic format an annual compliance report prepared
pursuant to the mitigation monitoring and reporting program
required by paragraph (1) of subdivision (a) of Section 21081.6.

21206.  

This division does not preclude any state agency, board,
or commission, or any city, county, city and county, regional
agency, public district, redevelopment agency, or other political
subdivision from requiring information or analysis of the project
under consideration, or imposing conditions of approval for that
project, under laws and regulations other than this division and
CEQA.

21207.  

(a) An environmental document, prepared pursuant to
CEQA, shall be required to consider only those environmental
topical areas listed in subdivision (b) of Section 21200.5 and only
to the extent those environmental topical areas are relevant to the
project.

(b) Subdivision (b) of Section 21200.5 is not intended to affirm,
reject, or otherwise affect court decisions concerning the
consistency of the guidelines provisions within the provisions of
CEQA.

(c) This section does not preclude a lead agency from modifying
or updating its analytical methodologies for those topical areas.

SEC. 2.  

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.