SECTIONS 21080-21098

21080.  (a) Except as otherwise provided in this division, thisdivision shall apply to discretionary projects proposed to be carriedout or approved by public agencies, including, but not limited to,the enactment and amendment of zoning ordinances, the issuance ofzoning variances, the issuance of conditional use permits, and theapproval of tentative subdivision maps unless the project is exemptfrom this division. (b) This division does not apply to any of the followingactivities: (1) Ministerial projects proposed to be carried out or approved bypublic agencies. (2) Emergency repairs to public service facilities necessary tomaintain service. (3) Projects undertaken, carried out, or approved by a publicagency to maintain, repair, restore, demolish, or replace property orfacilities damaged or destroyed as a result of a disaster in adisaster-stricken area in which a state of emergency has beenproclaimed by the Governor pursuant to Chapter 7 (commencing withSection 8550) of Division 1 of Title 2 of the Government Code. (4) Specific actions necessary to prevent or mitigate anemergency. (5) Projects which a public agency rejects or disapproves. (6) Actions undertaken by a public agency relating to any thermalpowerplant site or facility, including the expenditure, obligation,or encumbrance of funds by a public agency for planning, engineering,or design purposes, or for the conditional sale or purchase ofequipment, fuel, water (except groundwater), steam, or power for athermal powerplant, if the powerplant site and related facility willbe the subject of an environmental impact report, negativedeclaration, or other document, prepared pursuant to a regulatoryprogram certified pursuant to Section 21080.5, which will be preparedby the State Energy Resources Conservation and DevelopmentCommission, by the Public Utilities Commission, or by the city orcounty in which the powerplant and related facility would be locatedif the environmental impact report, negative declaration, or documentincludes the environmental impact, if any, of the action describedin this paragraph. (7) Activities or approvals necessary to the bidding for, hostingor staging of, and funding or carrying out of, an Olympic games underthe authority of the International Olympic Committee, except for theconstruction of facilities necessary for the Olympic games. (8) The establishment, modification, structuring, restructuring,or approval of rates, tolls, fares, or other charges by publicagencies which the public agency finds are for the purpose of (A)meeting operating expenses, including employee wage rates and fringebenefits, (B) purchasing or leasing supplies, equipment, ormaterials, (C) meeting financial reserve needs and requirements, (D)obtaining funds for capital projects necessary to maintain servicewithin existing service areas, or (E) obtaining funds necessary tomaintain those intracity transfers as are authorized by city charter.The public agency shall incorporate written findings in the recordof any proceeding in which an exemption under this paragraph isclaimed setting forth with specificity the basis for the claim ofexemption. (9) All classes of projects designated pursuant to Section 21084. (10) A project for the institution or increase of passenger orcommuter services on rail or highway rights-of-way already in use,including modernization of existing stations and parking facilities. (11) A project for the institution or increase of passenger orcommuter service on high-occupancy vehicle lanes already in use,including the modernization of existing stations and parkingfacilities. (12) Facility extensions not to exceed four miles in length whichare required for the transfer of passengers from or to exclusivepublic mass transit guideway or busway public transit services. (13) A project for the development of a regional transportationimprovement program, the state transportation improvement program, ora congestion management program prepared pursuant to Section 65089of the Government Code. (14) Any project or portion thereof located in another state whichwill be subject to environmental impact review pursuant to theNational Environmental Policy Act of 1969 (42 U.S.C. Sec. 4321 etseq.) or similar state laws of that state. Any emissions ordischarges that would have a significant effect on the environment inthis state are subject to this division. (15) Projects undertaken by a local agency to implement a rule orregulation imposed by a state agency, board, or commission under acertified regulatory program pursuant to Section 21080.5. Anysite-specific effect of the project which was not analyzed as asignificant effect on the environment in the plan or other writtendocumentation required by Section 21080.5 is subject to thisdivision. (16) The selection, credit, and transfer of emission credits bythe South Coast Air Quality Management District pursuant to Section40440.14 of the Health and Safety Code, until the repeal of thatsection on January 1, 2012, or a later date. (c) If a lead agency determines that a proposed project, nototherwise exempt from this division, would not have a significanteffect on the environment, the lead agency shall adopt a negativedeclaration to that effect. The negative declaration shall beprepared for the proposed project in either of the followingcircumstances: (1) There is no substantial evidence, in light of the whole recordbefore the lead agency, that the project may have a significanteffect on the environment. (2) An initial study identifies potentially significant effects onthe environment, but (A) revisions in the project plans or proposalsmade by, or agreed to by, the applicant before the proposed negativedeclaration and initial study are released for public review wouldavoid the effects or mitigate the effects to a point where clearly nosignificant effect on the environment would occur, and (B) there isno substantial evidence, in light of the whole record before the leadagency, that the project, as revised, may have a significant effecton the environment. (d) If there is substantial evidence, in light of the whole recordbefore the lead agency, that the project may have a significanteffect on the environment, an environmental impact report shall beprepared. (e) (1) For the purposes of this section and this division,substantial evidence includes fact, a reasonable assumptionpredicated upon fact, or expert opinion supported by fact. (2) Substantial evidence is not argument, speculation,unsubstantiated opinion or narrative, evidence that is clearlyinaccurate or erroneous, or evidence of social or economic impactsthat do not contribute to, or are not caused by, physical impacts onthe environment. (f) As a result of the public review process for a mitigatednegative declaration, including administrative decisions and publichearings, the lead agency may conclude that certain mitigationmeasures identified pursuant to paragraph (2) of subdivision (c) areinfeasible or otherwise undesirable. In those circumstances, the leadagency, prior to approving the project, may delete those mitigationmeasures and substitute for them other mitigation measures that thelead agency finds, after holding a public hearing on the matter, areequivalent or more effective in mitigating significant effects on theenvironment to a less than significant level and that do not causeany potentially significant effect on the environment. If those newmitigation measures are made conditions of project approval or areotherwise made part of the project approval, the deletion of theformer measures and the substitution of the new mitigation measuresshall not constitute an action or circumstance requiringrecirculation of the mitigated negative declaration. (g) Nothing in this section shall preclude a project applicant orany other person from challenging, in an administrative or judicialproceeding, the legality of a condition of project approval imposedby the lead agency. If, however, any condition of project approvalset aside by either an administrative body or court was necessary toavoid or lessen the likelihood of the occurrence of a significanteffect on the environment, the lead agency's approval of the negativedeclaration and project shall be invalid and a new environmentalreview process shall be conducted before the project can bereapproved, unless the lead agency substitutes a new condition thatthe lead agency finds, after holding a public hearing on the matter,is equivalent to, or more effective in, lessening or avoidingsignificant effects on the environment and that does not cause anypotentially significant effect on the environment.21080.01.  This division shall not apply to any activity or approvalnecessary for the reopening and operation of the California Men'sColony West Facility in San Luis Obispo County.21080.02.  This division shall not apply to any activity or approvalnecessary for or incidental to planning, design, site acquisition,construction, operation, or maintenance of the new prison facility ator in the vicinity of Corcoran in Kings County as authorized by theact that enacted this section.21080.03.  This division shall not apply to any activity or approvalnecessary for or incidental to the location, development,construction, operation, or maintenance of the prison in the Countyof Kings, authorized by Section 9 of Chapter 958 of the Statutes of1983, as amended, and of the prison in the County of Amador (Ione),authorized by Chapter 957 of the Statutes of 1983, as amended.21080.04.  (a) Notwithstanding paragraph (10) of subdivision (b) ofSection 21080, this division applies to a project for the institutionof passenger rail service on a line paralleling State Highway 29 andrunning from Rocktram to Krug in the Napa Valley. With respect tothat project, and for the purposes of this division, the PublicUtilities Commission is the lead agency. (b) It is the intent of the Legislature in enacting this sectionto abrogate the decision of the California Supreme Court "thatSection 21080, subdivision (b)(11), exempts Wine Train's institutionof passenger service on the Rocktram-Krug line from the requirementsof CEQA" in Napa Valley Wine Train, Inc. v. Public Utilities Com., 50Cal. 3d 370. (c) Nothing in this section is intended to affect or apply to, orto confer jurisdiction upon the Public Utilities Commission withrespect to, any other project involving rail service.21080.05.  This division does not apply to a project by a publicagency to lease or purchase the rail right-of-way used for the SanFrancisco Peninsula commute service between San Francisco and SanJose, together with all branch and spur lines, including theDumbarton and Vasona lines.21080.07.  This division shall not apply to any activity or approvalnecessary for or incidental to planning, design, site acquisition,construction, operation, or maintenance of the new prison facilitieslocated in any of the following places: (a) The County of Riverside. (b) The County of Del Norte.21080.09.  (a) For purposes of this section, the followingdefinitions apply: (1) "Public higher education" has the same meaning as specified inSection 66010 of the Education Code. (2) "Long range development plan" means a physical development andland use plan to meet the academic and institutional objectives fora particular campus or medical center of public higher education. (b) The selection of a location for a particular campus and theapproval of a long range development plan are subject to thisdivision and require the preparation of an environmental impactreport. Environmental effects relating to changes in enrollmentlevels shall be considered for each campus or medical center ofpublic higher education in the environmental impact report preparedfor the long range development plan for the campus or medical center. (c) The approval of a project on a particular campus or medicalcenter of public higher education is subject to this division and maybe addressed, subject to the other provisions of this division, in atiered environmental analysis based upon a long range developmentplan environmental impact report. (d) Compliance with this section satisfies the obligations ofpublic higher education pursuant to this division to consider theenvironmental impact of academic and enrollment plans as they affectcampuses or medical centers, provided that any such plans shallbecome effective for a campus or medical center only after theenvironmental effects of those plans have been analyzed as requiredby this division in a long range development plan environmentalimpact report or tiered analysis based upon that environmental impactreport for that campus or medical center, and addressed as requiredby this division.21080.1.  (a) The lead agency shall be responsible for determiningwhether an environmental impact report, a negative declaration, or amitigated negative declaration shall be required for any projectwhich is subject to this division. That determination shall be finaland conclusive on all persons, including responsible agencies, unlesschallenged as provided in Section 21167. (b) In the case of a project described in subdivision (c) ofSection 21065, the lead agency shall, upon the request of a potentialapplicant, provide for consultation prior to the filing of theapplication regarding the range of actions, potential alternatives,mitigation measures, and any potential and significant effects on theenvironment of the project.21080.2.  In the case of a project described in subdivision (c) ofSection 21065, the determination required by Section 21080.1 shall bemade within 30 days from the date on which an application for aproject has been received and accepted as complete by the leadagency. This period may be extended 15 days upon the consent of thelead agency and the project applicant.21080.3.  (a) Prior to determining whether a negative declaration orenvironmental impact report is required for a project, the leadagency shall consult with all responsible agencies and trusteeagencies. Prior to that required consultation, the lead agency mayinformally contact any of those agencies. (b) In order to expedite the requirements of subdivision (a), theOffice of Planning and Research, upon request of a lead agency, shallassist the lead agency in determining the various responsibleagencies and trustee agencies, for a proposed project. In the case ofa project described in subdivision (c) of Section 21065, the requestmay also be made by the project applicant.21080.4.  (a) If a lead agency determines that an environmentalimpact report is required for a project, the lead agency shallimmediately send notice of that determination by certified mail or anequivalent procedure to each responsible agency, the Office ofPlanning and Research, and those public agencies having jurisdictionby law over natural resources affected by the project that are heldin trust for the people of the State of California. Upon receipt ofthe notice, each responsible agency, the office, and each publicagency having jurisdiction by law over natural resources affected bythe project that are held in trust for the people of the State ofCalifornia shall specify to the lead agency the scope and content ofthe environmental information that is germane to the statutoryresponsibilities of that responsible agency, the office, or thepublic agency in connection with the proposed project and which,pursuant to the requirements of this division, shall be included inthe environmental impact report. The information shall be specifiedin writing and shall be communicated to the lead agency by certifiedmail or equivalent procedure not later than 30 days after the date ofreceipt of the notice of the lead agency's determination. The leadagency shall request similar guidance from appropriate federalagencies. (b) To expedite the requirements of subdivision (a), the leadagency, any responsible agency, the Office of Planning and Research,or a public agency having jurisdiction by law over natural resourcesaffected by the project that are held in trust for the people of theState of California, may request one or more meetings betweenrepresentatives of those agencies and the office for the purpose ofassisting the lead agency to determine the scope and content of theenvironmental information that any of those responsible agencies, theoffice, or the public agencies may require. In the case of a projectdescribed in subdivision (c) of Section 21065, the request may alsobe made by the project applicant. The meetings shall be convened bythe lead agency as soon as possible, but not later than 30 days afterthe date that the meeting was requested. (c) To expedite the requirements of subdivision (a), the Office ofPlanning and Research, upon request of a lead agency, shall assistthe lead agency in determining the various responsible agencies,public agencies having jurisdiction by law over natural resourcesaffected by the project that are held in trust for the people of theState of California, and any federal agencies that haveresponsibility for carrying out or approving a proposed project. Inthe case of a project described in subdivision (c) of Section 21065,that request may also be made by the project applicant. (d) With respect to the Department of Transportation, and withrespect to any state agency that is a responsible agency or a publicagency having jurisdiction by law over natural resources affected bythe project that are held in trust for the people of the State ofCalifornia, subject to the requirements of subdivision (a), theOffice of Planning and Research shall ensure that the informationrequired by subdivision (a) is transmitted to the lead agency, andthat affected agencies are notified regarding meetings to be heldupon request pursuant to subdivision (b), within the required timeperiod.21080.5.  (a) Except as provided in Section 21158.1, when theregulatory program of a state agency requires a plan or other writtendocumentation containing environmental information and complyingwith paragraph (3) of subdivision (d) to be submitted in support ofan activity listed in subdivision (b), the plan or other writtendocumentation may be submitted in lieu of the environmental impactreport required by this division if the Secretary of the ResourcesAgency has certified the regulatory program pursuant to this section. (b) This section applies only to regulatory programs or portionsthereof 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, orplans for use in the regulatory program. (c) A regulatory program certified pursuant to this section isexempt from Chapter 3 (commencing with Section 21100), Chapter 4(commencing with Section 21150), and Section 21167, except asprovided in Article 2 (commencing with Section 21157) of Chapter 4.5. (d) To qualify for certification pursuant to this section, aregulatory program shall require the utilization of aninterdisciplinary approach that will ensure the integrated use of thenatural and social sciences in decisionmaking and that shall meetall of the following criteria: (1) The enabling legislation of the regulatory program does bothof the following: (A) Includes protection of the environment among its principalpurposes. (B) Contains authority for the administering agency to adopt rulesand regulations for the protection of the environment, guided bystandards set forth in the enabling legislation. (2) The rules and regulations adopted by the administering agencyfor the regulatory program do all of the following: (A) Require that an activity will not be approved or adopted asproposed if there are feasible alternatives or feasible mitigationmeasures available that would substantially lessen a significantadverse effect that the activity may have on the environment. (B) Include guidelines for the orderly evaluation of proposedactivities and the preparation of the plan or other writtendocumentation in a manner consistent with the environmentalprotection purposes of the regulatory program. (C) Require the administering agency to consult with all publicagencies that have jurisdiction, by law, with respect to the proposedactivity. (D) Require that final action on the proposed activity include thewritten responses of the issuing authority to significantenvironmental points raised during the evaluation process. (E) Require the filing of a notice of the decision by theadministering agency on the proposed activity with the Secretary ofthe Resources Agency. Those notices shall be available for publicinspection, and a list of the notices shall be posted on a weeklybasis in the Office of the Resources Agency. Each list shall remainposted for a period of 30 days. (F) Require notice of the filing of the plan or other writtendocumentation to be made to the public and to a person who requests,in writing, notification. The notification shall be made in a mannerthat will provide the public or a person requesting notification withsufficient time to review and comment on the filing. (3) The plan or other written documentation required by theregulatory program does both of the following: (A) Includes a description of the proposed activity withalternatives to the activity, and mitigation measures to minimize anysignificant adverse effect on the environment of the activity. (B) Is available for a reasonable time for review and comment byother public agencies and the general public. (e) (1) The Secretary of the Resources Agency shall certify aregulatory program that the secretary determines meets all thequalifications for certification set forth in this section, andwithdraw certification on determination that the regulatory programhas been altered so that it no longer meets those qualifications.Certification and withdrawal of certification shall occur only aftercompliance with Chapter 3.5 (commencing with Section 11340) of Part 1of Division 3 of Title 2 of the Government Code. (2) In determining whether or not a regulatory program meets thequalifications for certification set forth in this section, theinquiry of the secretary shall extend only to the question of whetherthe regulatory program meets the generic requirements of subdivision(d). The inquiry may not extend to individual decisions to bereached under the regulatory program, including the nature ofspecific alternatives or mitigation measures that might be proposedto lessen any significant adverse effect on the environment of theactivity. (3) If the secretary determines that the regulatory programsubmitted for certification does not meet the qualifications forcertification set forth in this section, the secretary shall adoptfindings setting forth the reasons for the determination. (f) After a regulatory program has been certified pursuant to thissection, a proposed change in the program that could affectcompliance with the qualifications for certification specified insubdivision (d) may be submitted to the Secretary of the ResourcesAgency for review and comment. The scope of the secretary's reviewshall extend only to the question of whether the regulatory programmeets the generic requirements of subdivision (d). The review may notextend to individual decisions to be reached under the regulatoryprogram, including specific alternatives or mitigation measures thatmight be proposed to lessen any significant adverse effect on theenvironment of the activity. The secretary shall have 30 days fromthe date of receipt of the proposed change to notify the state agencywhether the proposed change will alter the regulatory program sothat it no longer meets the qualification for certificationestablished in this section and will result in a withdrawal ofcertification as provided in this section. (g) An action or proceeding to attack, review, set aside, void, orannul a determination or decision of a state agency approving oradopting a proposed activity under a regulatory program that has beencertified pursuant to this section on the basis that the plan orother written documentation prepared pursuant to paragraph (3) ofsubdivision (d) does not comply with this section shall be commencednot later than 30 days from the date of the filing of notice of theapproval or adoption of the activity. (h) (1) An action or proceeding to attack, review, set aside,void, or annul a determination of the Secretary of the ResourcesAgency to certify a regulatory program pursuant to this section onthe basis that the regulatory program does not comply with thissection shall be commenced within 30 days from the date ofcertification by the secretary. (2) In an action brought pursuant to paragraph (1), the inquiryshall extend only to whether there was a prejudicial abuse ofdiscretion by the secretary. Abuse of discretion is established ifthe secretary has not proceeded in a manner required by law or if thedetermination is not supported by substantial evidence. (i) For purposes of this section, a county agriculturalcommissioner is a state agency. (j) For purposes of this section, an air quality managementdistrict or air pollution control district is a state agency, exceptthat the approval, if any, by a district of a nonattainment area planis subject to this section only if, and to the extent that, theapproval adopts or amends rules or regulations. (k) (1) The secretary, by July 1, 2004, shall develop a protocolfor reviewing the prospective application of certified regulatoryprograms to evaluate the consistency of those programs with therequirements of this division. Following the completion of thedevelopment of the protocol, the secretary shall provide a report tothe Senate Committee on Environmental Quality and the AssemblyCommittee on Natural Resources regarding the need for a grant ofadditional statutory authority authorizing the secretary to undertakea review of the certified regulatory programs. (2) The secretary shall provide a significant opportunity forpublic participation in developing the protocol described inparagraph (1) including, but not limited to, at least two publicmeetings with interested parties. A notice of each meeting shall beprovided at least 10 days prior to the meeting to a person who filesa written request for a notice with the agency.21080.8.  This division does not apply to the conversion of anexisting rental mobilehome park to a resident initiated subdivision,cooperative, or condominium for mobilehomes if the conversion willnot result in an expansion of or change in existing use of theproperty.21080.9.  This division shall not apply to activities and approvalsby any local government, as defined in Section 30109, or any stateuniversity or college, as defined in Section 30119, as necessary forthe preparation and adoption of a local coastal program or long-rangeland use development plan pursuant to Division 20 (commencing withSection 30000); provided, however, that certification of a localcoastal program or long-range land use development plan by theCalifornia Coastal Commission pursuant to Chapter 6 (commencing withSection 30500) of Division 20 shall be subject to the requirements ofthis division. For the purpose of Section 21080.5, a certified localcoastal program or long-range land use development plan constitutesa plan for use in the California Coastal Commission's regulatoryprogram.21080.10.  This division does not apply to any of the following: (a) An extension of time, granted pursuant to Section 65361 of theGovernment Code, for the preparation and adoption of one or moreelements of a city or county general plan. (b) Actions taken by the Department of Housing and CommunityDevelopment or the California Housing Finance Agency to providefinancial assistance or insurance for the development andconstruction of residential housing for persons and families of lowor moderate income, as defined in Section 50093 of the Health andSafety Code, if the project that is the subject of the applicationfor financial assistance or insurance will be reviewed pursuant tothis division by another public agency.21080.11.  This division shall not apply to settlements of title andboundary problems by the State Lands Commission and to exchanges orleases in connection with those settlements.21080.12.  (a) This division does not apply to the repair ofcritical levees of the State Plan for Flood Control specifiedpursuant to Section 8361 of the Water Code within an existing leveefootprint to meet standards of public health and safety fundedpursuant to Section 5096.821, except as otherwise provided in Section15300.2 of Title 14 of the California Code of Regulations. (b) For purposes of undertaking urgent levee repairs, the leadagency shall do all of the following: (1) Conduct outreach efforts in the vicinity of the project toensure public awareness of the proposed repair work prior to approvalof the project. (2) To the extent feasible, comply with standard constructionpractices, including, but not limited to, any rules, guidelines, orregulations adopted by the applicable air district for constructionequipment and for control of particulate matter emissions. (3) To the extent feasible, use equipment powered by emulsifieddiesel fuel, electricity, natural gas, or ultralow sulfur diesel asan alternative to conventional diesel-powered construction equipment. (c) This section shall remain in effect only until July 1, 2016,and as of that date is repealed, unless a later enacted statute, thatis enacted before July 1, 2016, deletes or extends that date.21080.13.  This division shall not apply to any railroad gradeseparation project which eliminates an existing grade crossing orwhich reconstructs an existing grade separation.21080.17.  This division does not apply to the adoption of anordinance by a city or county to implement the provisions of Section65852.1 or Section 65852.2 of the Government Code.21080.18.  This division does not apply to the closing of any publicschool in which kindergarten or any of grades 1 through 12 ismaintained or the transfer of students from that public school toanother school if the only physical changes involved arecategorically exempt under Chapter 3 (commencing with Section 15000)of Division 6 of Title 14 of the California Administrative Code.21080.19.  This division does not apply to a project for restripingof streets or highways to relieve traffic congestion.21080.21.  This division does not apply to any project of less thanone mile in length within a public street or highway or any otherpublic right-of-way for the installation of a new pipeline or themaintenance, repair, restoration, reconditioning, relocation,replacement, removal, or demolition of an existing pipeline. Forpurposes of this section, "pipeline" includes subsurface facilitiesbut does not include any surface facility related to the operation ofthe underground facility.21080.22.  (a) This division does not apply to activities andapprovals by a local government necessary for the preparation ofgeneral plan amendments pursuant to Section 29763, except that theapproval of general plan amendments by the Delta ProtectionCommission is subject to the requirements of this division. (b) For purposes of Section 21080.5, a general plan amendment is aplan required by the regulatory program of the Delta ProtectionCommission.21080.23.  (a) This division does not apply to any project whichconsists of the inspection, maintenance, repair, restoration,reconditioning, relocation, replacement, or removal of an existingpipeline, as defined in subdivision (a) of Section 51010.5 of theGovernment Code, or any valve, flange, meter, or other piece ofequipment that is directly attached to the pipeline, if the projectmeets all of the following conditions: (1) (A) The project is less than eight miles in length. (B) Notwithstanding subparagraph (A), actual construction andexcavation activities undertaken to achieve the maintenance, repair,restoration, reconditioning, relocation, replacement, or removal ofan existing pipeline are not undertaken over a length of more thanone-half mile at any one time. (2) The project consists of a section of pipeline that is not lessthan eight miles from any section of pipeline that has been subjectto an exemption pursuant to this section in the past 12 months. (3) The project is not solely for the purpose of excavating soilthat is contaminated by hazardous materials, and, to the extent nototherwise expressly required by law, the party undertaking theproject immediately informs the lead agency of the discovery ofcontaminated soil. (4) To the extent not otherwise expressly required by law, theperson undertaking the project has, in advance of undertaking theproject, prepared a plan that will result in notification of theappropriate agencies so that they may take action, if determined tobe necessary, to provide for the emergency evacuation of members ofthe public who may be located in close proximity to the project. (5) Project activities are undertaken within an existingright-of-way and the right-of-way is restored to its condition priorto the project. (6) The project applicant agrees to comply with all conditionsotherwise authorized by law, imposed by the city or county planningdepartment as part of any local agency permit process, that arerequired to mitigate potential impacts of the proposed project, andto otherwise comply with the Keene-Nejedly California WetlandsPreservation Act (Chapter 7 (commencing with Section 5810) ofDivision 5), the California Endangered Species Act (Chapter 1.5(commencing with Section 2050) of Division 3 of the Fish and GameCode), and other applicable state laws, and with all applicablefederal laws. (b) If a project meets all of the requirements of subdivision (a),the person undertaking the project shall do all of the following: (1) Notify, in writing, any affected public agency, including, butnot limited to, any public agency having permit, land use,environmental, public health protection, or emergency responseauthority of the exemption of the project from this division bysubdivision (a). (2) Provide notice to the public in the affected area in a mannerconsistent with paragraph (3) of subdivision (b) of Section 21092. (3) In the case of private rights-of-way over private property,receive from the underlying property owner permission for access tothe property. (4) Comply with all conditions otherwise authorized by law,imposed by the city or county planning department as part of anylocal agency permit process, that are required to mitigate potentialimpacts of the proposed project, and otherwise comply with theKeene-Nejedly California Wetlands Preservation Act (Chapter 7(commencing with Section 5810) of Division 5), the CaliforniaEndangered Species Act (Chapter 1.5 (commencing with Section 2050) ofDivision 3 of the Fish and Game Code), and other applicable statelaws, and with all applicable federal laws. (c) Prior to January 1, 1999, this section shall not apply to ARCOPipeline Company's crude oil pipelines designated as Crude Oil Line1, from Tejon Station south to its terminus, and Crude Oil Line 90. (d) This section does not apply to either of the following: (1) A project in which the diameter of the pipeline is increased. (2) A project undertaken within the boundaries of an oil refinery.21080.23.5.  (a) For purposes of Section 21080.23, "pipeline" alsomeans a pipeline located in Fresno, Kern, Kings, or Tulare County,that is used to transport biogas, and meeting the requirements ofSection 21080.23 and all local, state, and federal laws. (b) For purposes of this section, "biogas" means natural gas thatmeets the requirements of Section 2292.5 of Title 13 of theCalifornia Code of Regulations and is derived from anaerobicdigestion of dairy animal waste. (c) This section shall remain in effect only until January 1,2013, and as of that date is repealed, unless a later enactedstatute, that is enacted before January 1, 2013, deletes or extendsthat date.21080.24.  (a) This division does not apply to the issuance,modification, amendment, or renewal of a permit by an air pollutioncontrol district or air quality management district pursuant to TitleV, as defined in Section 39053.3 of the Health and Safety Code, orpursuant to a district Title V program established pursuant toSections 42301.10, 42301.11, and 42301.12 of the Health and SafetyCode, unless the issuance, modification, amendment, or renewalauthorizes a physical or operational change to a source or facility. (b) Nothing in this section is intended to result in theapplication of this division to a physical or operational changethat, prior to January 1, 1995, was not subject to this division.21080.26.  This division does not apply to minor alterations toutilities made for the purposes of complying with Sections 4026.7 and4026.8 of the Health and Safety Code or regulations adoptedthereunder.21080.29.  (a) A project located in Los Angeles County that isapproved by a public agency before the effective date of the actadding this section is not in violation of any requirement of thisdivision by reason of the failure to construct a roadway across theproperty transferred to the state pursuant to subdivision (c) and toconstruct a bridge over the adjacent Ballona Channel in Los AngelesCounty, otherwise required as a mitigation measure pursuant to thisdivision, if all of the following conditions apply: (1) The improvements specified in this subdivision are notconstructed, due in whole or in part, to the project owner's ordeveloper's relinquishment of easement rights to construct thoseimprovements. (2) The easement rights in paragraph (1) are relinquished inconnection with the State of California, acting by and through theWildlife Conservation Board of the Department of Fish and Game,acquiring a wetlands project that is a minimum of 400 acres in sizeand located within the coastal zone. (b) Where those easement rights have been relinquished, anymunicipal ordinance or regulation adopted by a charter city or ageneral law city shall be inapplicable to the extent that theordinance or regulation requires construction of the transportationimprovements specified in subdivision (a), or would otherwise requirereprocessing or resubmittal of a permit or approval, including, butnot limited to, a final recorded map, a vesting tentative map, or atentative map, as a result of the transportation improvementsspecified in subdivision (a) not being constructed. (c) (1) If the Wildlife Conservation Board of the Department ofFish and Game acquires property within the coastal zone that is aminimum of 400 acres in size pursuant to a purchase and saleagreement with Playa Capital Company, LLC, the Controller shalldirect the trustee under the Amendment to Declaration of Trustentered into on or about December 11, 1984, by First NationwideSavings, as trustee, Summa Corporation, as trustor, and theController, as beneficiary, known as the HRH Inheritance Tax SecurityTrust, to convey title to the trust estate of the trust, includingreal property commonly known as Playa Vista Area C, to the State ofCalifornia acting by and through the Wildlife Conservation Board ofthe Department of Fish and Game for conservation, restoration, orrecreation purposes only, with the right to transfer the property forthose uses to any other agency of the State of California. (2) This subdivision shall constitute the enabling legislationrequired by the Amendment to Declaration of Trust to empower theController to direct the trustee to convey title to the trust estateunder the HRH Inheritance Tax Security Trust to the State ofCalifornia or an agency thereof. (3) The conveyance of the trust estate to the WildlifeConservation Board pursuant to this subdivision shall supersede anyduty or obligation imposed upon the Controller under the Probate Codeor the Revenue and Taxation Code with respect to the disposition orapplication of the net proceeds of the trust estate.21080.32.  (a) This section shall only apply to publicly ownedtransit agencies, but shall not apply to any publicly owned transitagency created pursuant to Section 130050.2 of the Public UtilitiesCode. (b) Except as provided in subdivision (c), and in accordance withsubdivision (d), this division does not apply to actions taken on orafter July 1, 1995, by a publicly owned transit agency to implementbudget reductions caused by the failure of agency revenues toadequately fund agency programs and facilities. (c) This section does not apply to any action to reduce oreliminate a transit service, facility, program, or activity that wasapproved or adopted as a mitigation measure in any environmentaldocument authorized by this division or the National EnvironmentalPolicy Act (42 U.S.C. Sec. 4321 et seq.) or to any state or federalrequirement that is imposed for the protection of the environment. (d) (1) This section applies only to actions taken after thepublicly owned transit agency has made a finding that there is afiscal emergency caused by the failure of agency revenues toadequately fund agency programs and facilities, and after thepublicly owned transit agency has held a public hearing to considerthose actions. A publicly owned transit agency that has held such ahearing shall respond within 30 days at a regular public meeting tosuggestions made by the public at the initial public hearing. Thoseactions shall be limited to projects defined in subdivision (a) or(b) of Section 21065 which initiate or increase fees, rates, orcharges charged for any existing public service, program, oractivity; or reduce or eliminate the availability of an existingpublicly owned transit service, facility, program, or activity. (2) For purposes of this subdivision, "fiscal emergency," whenapplied to a publicly owned transit agency, means that the agency isprojected to have negative working capital within one year from thedate that the agency makes the finding that there is a fiscalemergency pursuant to this section. Working capital shall bedetermined by adding together all unrestricted cash, unrestrictedshort-term investments, and unrestricted short-term accountsreceivable and then subtracting unrestricted accounts payable.Employee retirement funds, including Internal Revenue Code Section457 deferred compensation plans and Section 401(k) plans, healthinsurance reserves, bond payment reserves, workers' compensationreserves, and insurance reserves, shall not be factored into theformula for working capital.21080.33.  This division does not apply to any emergency projectundertaken, carried out, or approved by a public agency to maintain,repair, or restore an existing highway, as defined in Section 360 ofthe Vehicle Code, except for a highway designated as an officialstate scenic highway pursuant to Section 262 of the Streets andHighways Code, within the existing right-of-way of the highway,damaged as a result of fire, flood, storm, earthquake, landsubsidence, gradual earth movement, or landslide, within one year ofthe damage. This section does not exempt from this division anyproject undertaken, carried out, or approved by a public agency toexpand or widen a highway damaged by fire, flood, storm, earthquake,land subsidence, gradual earth movement, or landslide.21080.35.  For the purposes of Section 21069, the phrase "carryingout or approving a project" shall include the carrying out orapproval of a plan for a project that expands or enlarges an existingpublicly owned airport by any political subdivision, as described inSection 21661.6 of the Public Utilities Code.21080.42.  (a) The following transportation projects are exempt fromthis division: (1) U.S. Highway 101 interchange modification, adding southboundauxiliary lane and southbound mixed flow lane, from Interstate 280 toYerba Buena Road, in Santa Clara County. (2) Construct north and southbound high-occupancy vehicle lanes onI-805 from I-5 to Carroll Canyon Road, including construction ofnorth-facing direct access ramps in San Diego County. (3) State Route 99, Los Molinas rehabilitation and trafficcalming, from Orange Street to Tehama Vine Road, in Tehama County. (4) State Route 99, Island Park widening project, adding one mixedflow lane in each direction, from Ashlan Avenue to Grantlund Avenue,in Fresno County. (5) State Route 99 median widening, adding one mixed flow lane ineach direction, from State Route 120 west to 0.4 miles north of ArchRoad, in Manteca in San Joaquin County. (6) State Route 12 pavement rehabilitation and shoulder wideningin San Joaquin County on Bouldin Island. (7) State Route 91 widening, adding one mixed flow lane in eachdirection, from State Route 55 to Weir Canyon Road in Orange County. (8) U.S. Highway 101 pavement rehabilitation and shoulder wideningin San Luis Obispo County. (b) An exemption provided pursuant to subdivision (a) shall notapply to a transportation project if, on or after February 1, 2009, alead agency changes the scope of that project from the manner inwhich the project is described in subdivision (a).21081.  Pursuant to the policy stated in Sections 21002 and 21002.1,no public agency shall approve or carry out a project for which anenvironmental impact report has been certified which identifies oneor more significant effects on the environment that would occur ifthe project is approved or carried out unless both of the followingoccur: (a) The public agency makes one or more of the following findingswith respect to each significant effect: (1) Changes or alterations have been required in, or incorporatedinto, the project which mitigate or avoid the significant effects onthe environment. (2) Those changes or alterations are within the responsibility andjurisdiction of another public agency and have been, or can andshould be, adopted by that other agency. (3) Specific economic, legal, social, technological, or otherconsiderations, including considerations for the provision ofemployment opportunities for highly trained workers, make infeasiblethe mitigation measures or alternatives identified in theenvironmental impact report. (b) With respect to significant effects which were subject to afinding under paragraph (3) of subdivision (a), the public agencyfinds that specific overriding economic, legal, social,technological, or other benefits of the project outweigh thesignificant effects on the environment.21081.2.  (a) Except as provided in subdivision (c), if aresidential project, not exceeding 100 units, with a minimumresidential density of 20 units per acre and within one-half mile ofa transit stop, on an infill site in an urbanized area is incompliance with the traffic, circulation, and transportation policiesof the general plan, applicable community plan, applicable specificplan, and applicable ordinances of the city or county withjurisdiction over the area where the project is located, and the cityor county requires that the mitigation measures approved in apreviously certified project area environmental impact reportapplicable to the project be incorporated into the project, the cityor county is not required to comply with subdivision (a) of Section21081 with respect to the making of any findings regarding theimpacts of the project on traffic at intersections, or on streets,highways, or freeways. (b) Nothing in subdivision (a) restricts the authority of a cityor county to adopt feasible mitigation measures with respect to theimpacts of a project on pedestrian and bicycle safety. (c) Subdivision (a) does not apply in any of the followingcircumstances: (1) The application for a proposed project is made more than fiveyears after certification of the project area environmental impactreport applicable to the project. (2) A major change has occurred within the project area aftercertification of the project area environmental impact reportapplicable to the project. (3) The project area environmental impact report applicable to theproject was certified with overriding considerations pursuant tosubdivision (b) of Section 21081 to the significant impacts on theenvironment with respect to traffic or transportation. (4) The proposed project covers more than four acres. (d) A project shall not be divided into smaller projects in orderto qualify pursuant to this section. (e) Nothing in this section relieves a city or county from therequirement to analyze the project's effects on traffic atintersections, or on streets, highways, or freeways, or from making adetermination that the project may have a significant effect ontraffic. (f) For the purposes of this section, "project area environmentalimpact report" means an environmental impact report certified on anyof the following: (1) A general plan. (2) A revision or update to the general plan that includes atleast the land use and circulation elements. (3) An applicable community plan. (4) An applicable specific plan. (5) A housing element of the general plan, if the environmentalimpact report analyzed the environmental effects of the density ofthe proposed project. (6) A zoning ordinance.21081.5.  In making the findings required by paragraph (3) ofsubdivision (a) of Section 21081, the public agency shall base itsfindings on substantial evidence in the record.21081.6.  (a) When making the findings required by paragraph (1) ofsubdivision (a) of Section 21081 or when adopting a mitigatednegative declaration pursuant to paragraph (2) of subdivision (c) ofSection 21080, the following requirements shall apply: (1) The public agency shall adopt a reporting or monitoringprogram for the changes made to the project or conditions of projectapproval, adopted in order to mitigate or avoid significant effectson the environment. The reporting or monitoring program shall bedesigned to ensure compliance during project implementation. Forthose changes which have been required or incorporated into theproject at the request of a responsible agency or a public agencyhaving jurisdiction by law over natural resources affected by theproject, that agency shall, if so requested by the lead agency or aresponsible agency, prepare and submit a proposed reporting ormonitoring program. (2) The lead agency shall specify the location and custodian ofthe documents or other material which constitute the record ofproceedings upon which its decision is based. (b) A public agency shall provide that measures to mitigate oravoid significant effects on the environment are fully enforceablethrough permit conditions, agreements, or other measures. Conditionsof project approval may be set forth in referenced documents whichaddress required mitigation measures or, in the case of the adoptionof a plan, policy, regulation, or other public project, byincorporating the mitigation measures into the plan, policy,regulation, or project design. (c) Prior to the close of the public review period for a draftenvironmental impact report or mitigated negative declaration, aresponsible agency, or a public agency having jurisdiction overnatural resources affected by the project, shall either submit to thelead agency complete and detailed performance objectives formitigation measures which would address the significant effects onthe environment identified by the responsible agency or agency havingjurisdiction over natural resources affected by the project, orrefer the lead agency to appropriate, readily available guidelines orreference documents. Any mitigation measures submitted to a leadagency by a responsible agency or an agency having jurisdiction overnatural resources affected by the project shall be limited tomeasures which mitigate impacts to resources which are subject to thestatutory authority of, and definitions applicable to, that agency.Compliance or noncompliance by a responsible agency or agency havingjurisdiction over natural resources affected by a project with thatrequirement shall not limit the authority of the responsible agencyor agency having jurisdiction over natural resources affected by aproject, or the authority of the lead agency, to approve, condition,or deny projects as provided by this division or any other provisionof law.21081.7.  Transportation information resulting from the reporting ormonitoring program required to be adopted by a public agencypursuant to Section 21081.6 shall be submitted to the transportationplanning agency in the region where the project is located and to theDepartment of Transportation for a project of statewide, regional,or areawide significance according to criteria developed pursuant toSection 21083. The transportation planning agency and the Departmentof Transportation shall adopt guidelines for the submittal of thosereporting or monitoring programs.21082.  All public agencies shall adopt by ordinance, resolution,rule, or regulation, objectives, criteria, and procedures for theevaluation of projects and the preparation of environmental impactreports and negative declarations pursuant to this division. A schooldistrict, or any other district, whose boundaries are coterminouswith a city, county, or city and county, may utilize the objectives,criteria, and procedures of the city, county, or city and county, asmay be applicable, in which case, the school district or otherdistrict need not adopt objectives, criteria, and procedures of itsown. The objectives, criteria, and procedures shall be consistentwith the provisions of this division and with the guidelines adoptedby the Secretary of the Resources Agency pursuant to Section 21083.Such objectives, criteria, and procedures shall be adopted by eachpublic agency no later than 60 days after the Secretary of theResources Agency has adopted guidelines pursuant to Section 21083.21082.1.  (a) Any draft environmental impact report, environmentalimpact report, negative declaration, or mitigated negativedeclaration prepared pursuant to the requirements of this divisionshall be prepared directly by, or under contract to, a public agency. (b) This section is not intended to prohibit, and shall not beconstrued as prohibiting, any person from submitting information orother comments to the public agency responsible for preparing anenvironmental impact report, draft environmental impact report,negative declaration, or mitigated negative declaration. Theinformation or other comments may be submitted in any format, shallbe considered by the public agency, and may be included, in whole orin part, in any report or declaration. (c) The lead agency shall do all of the following: (1) Independently review and analyze any report or declarationrequired by this division. (2) Circulate draft documents that reflect its independentjudgment. (3) As part of the adoption of a negative declaration or amitigated negative declaration, or certification of an environmentalimpact report, find that the report or declaration reflects theindependent judgment of the lead agency. (4) Submit a sufficient number of copies of the draftenvironmental impact report, proposed negative declaration, orproposed mitigated negative declaration, and a copy of the report ordeclaration in an electronic form as required by the guidelinesadopted pursuant to Section 21083, to the State Clearinghouse forreview and comment by state agencies, if any of the following apply: (A) A state agency is any of the following: (i) The lead agency. (ii) A responsible agency. (iii) A trustee agency. (B) A state agency otherwise has jurisdiction by law with respectto the project. (C) The proposed project is of sufficient statewide, regional, orareawide environmental significance as determined pursuant to theguidelines certified and adopted pursuant to Section 21083.21082.2.  (a) The lead agency shall determine whether a project mayhave a significant effect on the environment based on substantialevidence in light of the whole record. (b) The existence of public controversy over the environmentaleffects of a project shall not require preparation of anenvironmental impact report if there is no substantial evidence inlight of the whole record before the lead agency that the project mayhave a significant effect on the environment. (c) Argument, speculation, unsubstantiated opinion or narrative,evidence which is clearly inaccurate or erroneous, or evidence ofsocial or economic impacts which do not contribute to, or are notcaused by, physical impacts on the environment, is not substantialevidence. Substantial evidence shall include facts, reasonableassumptions predicated upon facts, and expert opinion supported byfacts. (d) If there is substantial evidence, in light of the whole recordbefore the lead agency, that a project may have a significant effecton the environment, an environmental impact report shall beprepared. (e) Statements in an environmental impact report and comments withrespect to an environmental impact report shall not be deemeddeterminative of whether the project may have a significant effect onthe environment.21083.  (a) The Office of Planning and Research shall prepare anddevelop proposed guidelines for the implementation of this divisionby public agencies. The guidelines shall include objectives andcriteria for the orderly evaluation of projects and the preparationof environmental impact reports and negative declarations in a mannerconsistent with this division. (b) The guidelines shall specifically include criteria for publicagencies to follow in determining whether or not a proposed projectmay have a "significant effect on the environment." The criteriashall require a finding that a project may have a "significant effecton the environment" if one or more of the following conditionsexist: (1) A proposed project has the potential to degrade the quality ofthe environment, curtail the range of the environment, or to achieveshort-term, to the disadvantage of long-term, environmental goals. (2) The possible effects of a project are individually limited butcumulatively considerable. As used in this paragraph, "cumulativelyconsiderable" means that the incremental effects of an individualproject are considerable when viewed in connection with the effectsof past projects, the effects of other current projects, and theeffects of probable future projects. (3) The environmental effects of a project will cause substantialadverse effects on human beings, either directly or indirectly. (c) The guidelines shall include procedures for determining thelead agency pursuant to Section 21165. (d) The guidelines shall include criteria for public agencies touse in determining when a proposed project is of sufficientstatewide, regional, or areawide environmental significance that adraft environmental impact report, a proposed negative declaration,or a proposed mitigated negative declaration shall be submitted toappropriate state agencies, through the State Clearinghouse, forreview and comment prior to completion of the environmental impactreport, negative declaration, or mitigated negative declaration. (e) The Office of Planning and Research shall develop and preparethe proposed guidelines as soon as possible and shall transmit themimmediately to the Secretary of the Resources Agency. The Secretaryof the Resources Agency shall certify and adopt the guidelinespursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 ofDivision 3 of Title 2 of the Government Code, which shall becomeeffective upon the filing thereof. However, the guidelines shall notbe adopted without compliance with Sections 11346.4, 11346.5, and11346.8 of the Government Code. (f)  The Office of Planning and Research shall, at least onceevery two years, review the guidelines adopted pursuant to thissection and shall recommend proposed changes or amendments to theSecretary of the Resources Agency. The Secretary of the ResourcesAgency shall certify and adopt guidelines, and any amendmentsthereto, at least once every two years, pursuant to Chapter 3.5(commencing with Section 11340) of Part 1 of Division 3 of Title 2 ofthe Government Code, which shall become effective upon the filingthereof. However, guidelines may not be adopted or amended withoutcompliance with Sections 11346.4, 11346.5, and 11346.8 of theGovernment Code.21083.05.  (a) On or before July 1, 2009, the Office of Planning andResearch shall prepare, develop, and transmit to the ResourcesAgency guidelines for the mitigation of greenhouse gas emissions orthe effects of greenhouse gas emissions as required by this division,including, but not limited to, effects associated withtransportation or energy consumption. (b) On or before January 1, 2010, the Resources Agency shallcertify and adopt guidelines prepared and developed by the Office ofPlanning and Research pursuant to subdivision (a). (c) The Office of Planning and Research and the Resources Agencyshall periodically update the guidelines to incorporate newinformation or criteria established by the State Air Resources Boardpursuant to Division 25.5 (commencing with Section 38500) of theHealth and Safety Code.21083.1.  It is the intent of the Legislature that courts,consistent with generally accepted rules of statutory interpretation,shall not interpret this division or the state guidelines adoptedpursuant to Section 21083 in a manner which imposes procedural orsubstantive requirements beyond those explicitly stated in thisdivision or in the state guidelines.21083.2.  (a) As part of the determination made pursuant to Section21080.1, the lead agency shall determine whether the project may havea significant effect on archaeological resources. If the lead agencydetermines that the project may have a significant effect on uniquearchaeological resources, the environmental impact report shalladdress the issue of those resources. An environmental impact report,if otherwise necessary, shall not address the issue of nonuniquearchaeological resources. A negative declaration shall be issued withrespect to a project if, but for the issue of nonuniquearchaeological resources, the negative declaration would be otherwiseissued. (b) If it can be demonstrated that a project will cause damage toa unique archaeological resource, the lead agency may requirereasonable efforts to be made to permit any or all of these resourcesto be preserved in place or left in an undisturbed state. Examplesof that treatment, in no order of preference, may include, but arenot limited to, any of the following: (1) Planning construction to avoid archaeological sites. (2) Deeding archaeological sites into permanent conservationeasements. (3) Capping or covering archaeological sites with a layer of soilbefore building on the sites. (4) Planning parks, greenspace, or other open space to incorporatearchaeological sites. (c) To the extent that unique archaeological resources are notpreserved in place or not left in an undisturbed state, mitigationmeasures shall be required as provided in this subdivision. Theproject applicant shall provide a guarantee to the lead agency to payone-half the estimated cost of mitigating the significant effects ofthe project on unique archaeological resources. In determiningpayment, the lead agency shall give due consideration to the in-kindvalue of project design or expenditures that are intended to permitany or all archaeological resources or California Native Americanculturally significant sites to be preserved in place or left in anundisturbed state. When a final decision is made to carry out orapprove the project, the lead agency shall, if necessary, reduce thespecified mitigation measures to those which can be funded with themoney guaranteed by the project applicant plus the money voluntarilyguaranteed by any other person or persons for those mitigationpurposes. In order to allow time for interested persons to providethe funding guarantee referred to in this subdivision, a finaldecision to carry out or approve a project shall not occur soonerthan 60 days after completion of the r