California Legislature—2015–16 Regular Session

Assembly BillNo. 291


Introduced by Assembly Member Medina

February 11, 2015


An act to amend Section 21152 of, and to add Section 21152.2 to, the Public Resources Code, relating to environmental quality.

LEGISLATIVE COUNSEL’S DIGEST

AB 291, as introduced, Medina. California Environmental Quality Act: local agencies: notice of determination: water.

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 requires a local agency that approves or determines to carry out a project subject to CEQA to file a notice of the approval or determination with the county clerk of each county in which the project will be located and requires the county clerk to make the notice available for public inspection.

This bill would authorize a local agency, for certain water projects, to file the notice with the county clerk of the county in which the local agency’s principal office is located in lieu of the county clerk of each county in which the project is located and would, if the local agency exercises this authorization, require the local agency to file the notice with the Office of Planning and Research.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 21152 of the Public Resources Code is
2amended to read:

3

21152.  

(a) begin deleteIf end deletebegin insertExcept as provided in Section 21152.2, if end inserta local
4agency approves or determines to carry out a project that is subject
5to this division, the local agency shall file notice of the approval
6or the determination within five working days after the approval
7or determination becomes final, with the county clerk of each
8county in which the project will be located. The notice shall
9identify the person or persons in subdivision (b) or (c) of Section
1021065, as reflected in the agency’s record of proceedings, and
11indicate the determination of the local agency whether the project
12will, or will not, have a significant effect on the environment and
13 shall indicate whether an environmental impact report has been
14prepared pursuant to this division. The notice shall also include
15certification that the final environmental impact report, if one was
16prepared, together with comments and responses, is available to
17the general public.

18(b) If a local agency determines that a project is not subject to
19this division pursuant to subdivision (b) of Section 21080 or
20pursuant to Section 21172, and the local agency approves or
21determines to carry out the project, the local agency or the person
22specified in subdivision (b) or (c) of Section 21065 may file a
23notice of the determination with the county clerk of each county
24in which the project will be located. A notice filed pursuant to this
25subdivision shall identify the person or persons in subdivision (b)
26or (c) of Section 21065, as reflected in the agency’s record of
27proceedings. A notice filed pursuant to this subdivision by a person
28specified in subdivision (b) or (c) of Section 21065 shall have a
29certificate of determination attached to it issued by the local agency
30responsible for making the determination that the project is not
31subject to this division pursuant to subdivision (b) of Section 21080
32or Section 21172. The certificate of determination may be in the
P3    1form of a certified copy of an existing document or record of the
2local agency.

3(c) A notice filed pursuant to this section shall be available for
4public inspection, and shall be posted within 24 hours of receipt
5in the office of the county clerk. A notice shall remain posted for
6a period of 30 days. Thereafter, the clerk shall return the notice to
7the local agency with a notation of the period it was posted. The
8local agency shall retain the notice for not less than 12 months.

9

SEC. 2.  

Section 21152.2 is added to the Public Resources Code,
10to read:

11

21152.2.  

(a) For purposes of this section, “water project”
12means an activity undertaken pursuant to Sections 1011, 1011.5,
13and 1211 of, Chapter 2 (commencing with Section 1250), Chapter
146.6 (commencing with Section 1435), Chapter 10 (commencing
15with Section 1700) and Chapter 10.5 (commencing with Section
161725) of Part 2 of Division 2 of, the Water Code.

17(b) A local agency that is required to file a notice pursuant to
18Section 21152 for a water project may, in lieu of the filing
19requirements of that section, file the notice in the form required
20by that section with the county clerk of the county in which the
21local agency’s principal office is located.

22(c) If the lead agency files a notice pursuant to this section, the
23local agency shall also file the notice with the Office of Planning
24and Research.

25(d) (1) The county clerk receiving a notice pursuant to
26subdivision (b) shall comply with subdivision (c) of Section 25112.

27(2) (A) All notices filed pursuant to subdivision (c) shall be
28available for public inspection, and a list of those notices shall be
29posted on a weekly basis in the Office of Planning and Research.
30Each list shall remain posted for a period of 30 days.

31(B) Failure to file the notice pursuant to subdivision (c) does
32not affect the validity of a project.



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