Amended in Assembly April 15, 2015

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 amended, 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 reportbegin delete (EIR)end delete 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 inbegin delete 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.end deletebegin insert and with the Office of Planning and Research, and to mail a copy of the notice to the county clerks of the counties in which the water project is located, as specified. The bill would require the notices to be available for public inspection or posted, as provided.end insert

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) Except as provided in Section 21152.2, if a 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 21080begin delete or
20pursuant to Section 21172,end delete
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
P3    1specified in subdivision (b) or (c) of Section 21065 shall have a
2certificate of determination attached to it issued by the local agency
3responsible for making the determination that the project is not
4subject to this division pursuant to subdivision (b) of Section 21080
5begin delete or Section 21172end delete. The certificate of determination may be in the
6form of a certified copy of an existing document or record of the
7local agency.

8(c) A notice filed pursuant to this section shall be available for
9public inspection, and shall be posted within 24 hours of receipt
10in the office of the county clerk. A notice shall remain posted for
11a period of 30 days. Thereafter, the clerk shall return the notice to
12the local agency with a notation of the period it was posted. The
13local agency shall retain the notice for not less than 12 months.

14

SEC. 2.  

Section 21152.2 is added to the Public Resources Code,
15to read:

16

21152.2.  

(a) For purposes of this section, “water project”
17means an activity undertaken pursuant to Sections 1011, 1011.5,
18and 1211 of, Chapter 2 (commencing with Section 1250), Chapter
196.6 (commencing with Section 1435), Chapter 10 (commencing
20with Sectionbegin delete 1700)end deletebegin insert 1700),end insert and Chapter 10.5 (commencing with
21Section 1725) of Part 2 of Division 2 of, the Water Code.

begin delete

22(b) A local agency that is required to file a notice pursuant to
23Section 21152 for a water project may, in lieu of the filing
24requirements of that section, file the notice in the form required
25by that section with the county clerk of the county in which the
26local agency’s principal office is located.

27(c) If the lead agency files a notice pursuant to this section, the
28local agency shall also file the notice with the Office of Planning
29and Research.

end delete
begin insert

30(b) Within five working days after a local agency has approved
31or made a determination to carry out a water project, a local
32agency, in lieu of the notice filing requirements of subdivision (a)
33of Section 21152 for that water project, may take all of the
34following actions:

end insert
begin insert

35(1) File the notice in the form required by subdivision (a) of
36Section 21152 with the county clerk of the county in which the
37local agency’s principal office is located.

end insert
begin insert

38(2) File the notice with the Office of Planning and Research.

end insert
begin insert

39(3) Mail copies of the notice through the United States mail,
40first-class postage prepaid with return receipt requested, to the
P4    1county clerk of all the counties in which the water project will be
2located.

end insert
begin delete

3(d)

end delete

4begin insert(c)end insert (1) The county clerk receiving a notice pursuant to
5begin insert paragraph (1) ofend insert subdivision (b) shall comply with subdivision
6(c) of Sectionbegin delete 25112.end deletebegin insert 21152.end insert

7(2) begin delete(A)end deletebegin deleteend deleteAll notices filed pursuant tobegin insert paragraph (2) ofend insert
8 subdivisionbegin delete (c)end deletebegin insert (b)end insert shall be available for public inspection, and a
9list of those notices shall be posted on a weekly basis in the Office
10of Planning and Research. Each list shall remain posted for a period
11of 30 days.

begin delete

12(B) Failure to file the notice pursuant to subdivision (c) does
13not affect the validity of a project.

end delete
begin insert

14(3) As promptly as possible, a county clerk that receives a copy
15of a notice pursuant to paragraph (3) of subdivision (b) shall post
16that copy and shall not require an original of that notice or any
17additional information from the local agency.

end insert
begin insert

18(d) The filing date of the notice specified in subdivisions (b) to
19(e), inclusive, of Section 21167, Section 21167.10, and Section
2021177 shall be the date on which the notice is filed with the Office
21of Planning and Research pursuant to paragraph (2) of subdivision
22(b).

end insert
begin insert

23(e) Nothing in this section affects the application of Section
2421092.2.

end insert


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