Amended in Senate June 10, 2015

Amended in Assembly April 23, 2015

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 report 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.begin insert CEQA requires a person challenging a public agency’s action on the ground of noncompliance with CEQA to file an action or proceeding with the court within a specified time period that commences on the date of the filing of the notice of approval or determination.end insert

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 isbegin delete locatedend deletebegin insert located, along with any required payment to the Department of Fish and Wildlife,end insert and with the Office of Planning and Research, and tobegin delete mailend deletebegin insert transmitend insert 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 thebegin delete noticesend deletebegin insert notice and the copies of the noticeend insert to be available for public inspectionbegin delete or posted,end deletebegin insert and posted by the respective county clerks,end insert as provided.begin insert The bill would specify that the time period for filing an action or proceeding challenging a local agency’s action on the ground of noncompliance with CEQA commences on the date on which the notice is filed with the Office of Planning and Research.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.

P3    1(b) If a local agency determines that a project is not subject to
2this division pursuant to subdivision (b) of Section 21080 and the
3local agency approves or determines to carry out the project, the
4local agency or the person specified in subdivision (b) or (c) of
5Section 21065 may file a notice of the determination with the
6county clerk of each county in which the project will be located.
7A notice filed pursuant to this subdivision shall identify the person
8or persons in subdivision (b) or (c) of Section 21065, as reflected
9in the agency’s record of proceedings. A notice filed pursuant to
10this subdivision by a person specified in subdivision (b) or (c) of
11Section 21065 shall have a certificate of determination attached
12to it issued by the local agency responsible for making the
13determination that the project is not subject to this division pursuant
14to subdivision (b) of Section 21080. The certificate of
15determination may be in the form of a certified copy of an existing
16document or record of the local agency.

17(c) A notice filed pursuant to this section shall be available for
18public inspection, and shall be posted within 24 hours of receipt
19in the office of the county clerk. A notice shall remain posted for
20a period of 30 days. Thereafter, the clerk shall return the notice to
21the local agency with a notation of the period it was posted. The
22local agency shall retain the notice for not less than 12 months.

23

SEC. 2.  

Section 21152.2 is added to the Public Resources Code,
24to read:

25

21152.2.  

(a) For purposes of this section, “water project”
26means an activity undertaken pursuant to Sections 1011, 1011.5,
27and 1211 of, Chapter 2 (commencing with Section 1250), Chapter
286.6 (commencing with Section 1435), Chapter 10 (commencing
29with Section 1700), and Chapter 10.5 (commencing with Section
301725) of Part 2 of Division 2 of, the Water Code.

31(b) Within five working days after a local agency has approved
32or made a determination to carry out a water project, a local agency,
33in lieu of the notice filing requirements of subdivision (a) of
34Section 21152 for that water project, may take all of the following
35actions:

36(1) File the notice in the form required by subdivision (a) of
37Section 21152 with the county clerk of the county in which the
38local agency’s principal office is locatedbegin insert and make any payment
39to the Department of Fish and Wildlife required by Section 711.4
40of the Fish and Game Code to that clerkend insert
.

P4    1(2) File the notice with the Office of Planning and Research
2begin insert without a further payment to the Department of Fish and Wildlifeend insert.

3(3) begin deleteMail end deletebegin insertTransmitend insert a copy of the noticebegin delete through theend deletebegin insert via theend insert United
4Statesbegin delete mail, first-class postage prepaid with return receipt
5requested,end delete
begin insert Postal Service’s Express Mail, postage prepaid, or via
6another method of delivery providing for prepaid overnight
7deliveryend insert
begin insert,end insert to the county clerk of each county in which the water
8 project will be located.begin insert The copy of the notice, or an attachment
9to the copy of the notice, shall state the date on which the notice
10was filed with the Office of Planning and Research pursuant to
11paragraph (2).end insert

12(c) (1) The county clerk receiving a notice pursuant to paragraph
13(1) of subdivision (b) shall comply with subdivision (c) of Section
1421152.

15(2) All notices filed pursuant to paragraph (2) of subdivision
16(b) shall be available for public inspection, and a list of those
17notices shall be posted on a weekly basis in the Office of Planning
18and Research. Each list shall remain posted for a period of 30 days.

19(3) begin deleteAs promptly as possible, a end deletebegin insertAend insert county clerk that receives a
20copy of a notice pursuant to paragraph (3) of subdivision (b) shall
21begin delete post that copyend deletebegin insert comply with subdivision (c) of Section 21152end insert and
22shall not require an original of thatbegin delete noticeend deletebegin insert notice, any information
23regarding the filing of the notice with the Office of Planning and
24Research other than the statement described in paragraph (3) of
25subdivision (b),end insert
or any additional information from the localbegin delete agencyend delete
26begin insert agency, but may charge a single fee ofend insertbegin insert seventy-five dollars ($75)
27for handling the posting of the notice pursuant to subdivision (c)
28of Section 21152, notwithstanding subdivision (e) of Section 711.4
29of the Fish and Game Codeend insert
.

30(d) The filing date of the notice specified in subdivisions (b) to
31(e), inclusive, of Section 21167, Section 21167.10, and Section
3221177 shall be the date on which the notice is filed with the Office
33of Planning and Research pursuant to paragraph (2) of subdivision
34(b).

35(e) Nothing in this section affects the application of Section
3621092.2.



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