21080. (a) Except as otherwise provided in this division, this
division shall apply to discretionary projects proposed to be carried
out or approved by public agencies, including, but not limited to,
the enactment and amendment of zoning ordinances, the issuance of
zoning variances, the issuance of conditional use permits, and the
approval of tentative subdivision maps unless the project is exempt
from this division.
(b) This division does not apply to any of the following
activities:
(1) Ministerial projects proposed to be carried out or approved by
public agencies.
(2) Emergency repairs to public service facilities necessary to
maintain service.
(3) Projects undertaken, carried out, or approved by a public
agency to maintain, repair, restore, demolish, or replace property or
facilities damaged or destroyed as a result of a disaster in a
disaster-stricken area in which a state of emergency has been
proclaimed by the Governor pursuant to Chapter 7 (commencing with
Section 8550) of Division 1 of Title 2 of the Government Code.
(4) Specific actions necessary to prevent or mitigate an
emergency.
(5) Projects which a public agency rejects or disapproves.
(6) Actions undertaken by a public agency relating to any thermal
powerplant 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 of
equipment, fuel, water (except groundwater), steam, or power for a
thermal powerplant, if the powerplant site and related facility will
be the subject of an environmental impact report, negative
declaration, or other document, prepared pursuant to a regulatory
program certified pursuant to Section 21080.5, which will be prepared
by the State Energy Resources Conservation and Development
Commission, by the Public Utilities Commission, or by the city or
county in which the powerplant and related facility would be located
if the environmental impact report, negative declaration, or document
includes the environmental impact, if any, of the action described
in this paragraph.
(7) Activities or approvals necessary to the bidding for, hosting
or staging of, and funding or carrying out of, an Olympic games under
the authority of the International Olympic Committee, except for the
construction of facilities necessary for the Olympic games.
(8) The establishment, modification, structuring, restructuring,
or approval of rates, tolls, fares, or other charges by public
agencies which the public agency finds are for the purpose of (A)
meeting operating expenses, including employee wage rates and fringe
benefits, (B) purchasing or leasing supplies, equipment, or
materials, (C) meeting financial reserve needs and requirements, (D)
obtaining funds for capital projects necessary to maintain service
within existing service areas, or (E) obtaining funds necessary to
maintain those intracity transfers as are authorized by city charter.
The public agency shall incorporate written findings in the record
of any proceeding in which an exemption under this paragraph is
claimed setting forth with specificity the basis for the claim of
exemption.
(9) All classes of projects designated pursuant to Section 21084.
(10) A project for the institution or increase of passenger or
commuter 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 or
commuter service on high-occupancy vehicle lanes already in use,
including the modernization of existing stations and parking
facilities.
(12) Facility extensions not to exceed four miles in length which
are required for the transfer of passengers from or to exclusive
public mass transit guideway or busway public transit services.
(13) A project for the development of a regional transportation
improvement program, the state transportation improvement program, or
a congestion management program prepared pursuant to Section 65089
of the Government Code.
(14) Any project or portion thereof located in another state which
will be subject to environmental impact review pursuant to the
National Environmental Policy Act of 1969 (42 U.S.C. Sec. 4321 et
seq.) or similar state laws of that state. Any emissions or
discharges that would have a significant effect on the environment in
this state are subject to this division.
(15) Projects undertaken by a local agency to implement a rule or
regulation imposed by a state agency, board, or commission under a
certified regulatory program pursuant to Section 21080.5. Any
site-specific effect of the project which was not analyzed as a
significant effect on the environment in the plan or other written
documentation required by Section 21080.5 is subject to this
division.
(16) The selection, credit, and transfer of emission credits by
the South Coast Air Quality Management District pursuant to Section
40440.14 of the Health and Safety Code, until the repeal of that
section on January 1, 2012, or a later date.
(c) If a lead agency determines that a proposed project, not
otherwise exempt from this division, would not have a significant
effect on the environment, the lead agency shall adopt a negative
declaration to that effect. The negative declaration shall be
prepared for the proposed project in either of the following
circumstances:
(1) There is no substantial evidence, in light of the whole record
before the lead agency, that the project may have a significant
effect on the environment.
(2) An initial study identifies potentially significant effects on
the environment, but (A) revisions in the project plans or proposals
made by, or agreed to by, the applicant before the proposed negative
declaration and initial study are released for public review would
avoid the effects or mitigate the effects to a point where clearly no
significant effect on the environment would occur, and (B) there is
no substantial evidence, in light of the whole record before the lead
agency, that the project, as revised, may have a significant effect
on the environment.
(d) If there is substantial evidence, in light of the whole record
before the lead agency, that the project may have a significant
effect on the environment, an environmental impact report shall be
prepared.
(e) (1) For the purposes of this section and this division,
substantial evidence includes fact, a reasonable assumption
predicated upon fact, or expert opinion supported by fact.
(2) Substantial evidence is not argument, speculation,
unsubstantiated opinion or narrative, evidence that is clearly
inaccurate or erroneous, or evidence of social or economic impacts
that do not contribute to, or are not caused by, physical impacts on
the environment.
(f) As a result of the public review process for a mitigated
negative declaration, including administrative decisions and public
hearings, the lead agency may conclude that certain mitigation
measures identified pursuant to paragraph (2) of subdivision (c) are
infeasible or otherwise undesirable. In those circumstances, the lead
agency, prior to approving the project, may delete those mitigation
measures and substitute for them other mitigation measures that the
lead agency finds, after holding a public hearing on the matter, are
equivalent or more effective in mitigating significant effects on the
environment to a less than significant level and that do not cause
any potentially significant effect on the environment. If those new
mitigation measures are made conditions of project approval or are
otherwise made part of the project approval, the deletion of the
former measures and the substitution of the new mitigation measures
shall not constitute an action or circumstance requiring
recirculation of the mitigated negative declaration.
(g) Nothing in this section shall preclude a project applicant or
any other person from challenging, in an administrative or judicial
proceeding, the legality of a condition of project approval imposed
by the lead agency. If, however, any condition of project approval
set aside by either an administrative body or court was necessary to
avoid or lessen the likelihood of the occurrence of a significant
effect on the environment, the lead agency's approval of the negative
declaration and project shall be invalid and a new environmental
review process shall be conducted before the project can be
reapproved, unless the lead agency substitutes a new condition that
the lead agency finds, after holding a public hearing on the matter,
is equivalent to, or more effective in, lessening or avoiding
significant effects on the environment and that does not cause any
potentially significant effect on the environment.
21080.01. This division shall not apply to any activity or approval
necessary for the reopening and operation of the California Men's
Colony West Facility in San Luis Obispo County.
21080.02. This division shall not apply to any activity or approval
necessary for or incidental to planning, design, site acquisition,
construction, operation, or maintenance of the new prison facility at
or in the vicinity of Corcoran in Kings County as authorized by the
act that enacted this section.
21080.03. This division shall not apply to any activity or approval
necessary for or incidental to the location, development,
construction, operation, or maintenance of the prison in the County
of Kings, authorized by Section 9 of Chapter 958 of the Statutes of
1983, 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) of
Section 21080, this division applies to a project for the institution
of passenger rail service on a line paralleling State Highway 29 and
running from Rocktram to Krug in the Napa Valley. With respect to
that project, and for the purposes of this division, the Public
Utilities Commission is the lead agency.
(b) It is the intent of the Legislature in enacting this section
to abrogate the decision of the California Supreme Court "that
Section 21080, subdivision (b)(11), exempts Wine Train's institution
of passenger service on the Rocktram-Krug line from the requirements
of CEQA" in Napa Valley Wine Train, Inc. v. Public Utilities Com., 50
Cal. 3d 370.
(c) Nothing in this section is intended to affect or apply to, or
to confer jurisdiction upon the Public Utilities Commission with
respect to, any other project involving rail service.
21080.05. This division does not apply to a project by a public
agency to lease or purchase the rail right-of-way used for the San
Francisco Peninsula commute service between San Francisco and San
Jose, together with all branch and spur lines, including the
Dumbarton and Vasona lines.
21080.07. This division shall not apply to any activity or approval
necessary for or incidental to planning, design, site acquisition,
construction, operation, or maintenance of the new prison facilities
located 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 following
definitions apply:
(1) "Public higher education" has the same meaning as specified in
Section 66010 of the Education Code.
(2) "Long range development plan" means a physical development and
land use plan to meet the academic and institutional objectives for
a particular campus or medical center of public higher education.
(b) The selection of a location for a particular campus and the
approval of a long range development plan are subject to this
division and require the preparation of an environmental impact
report. Environmental effects relating to changes in enrollment
levels shall be considered for each campus or medical center of
public higher education in the environmental impact report prepared
for the long range development plan for the campus or medical center.
(c) The approval of a project on a particular campus or medical
center of public higher education is subject to this division and may
be addressed, subject to the other provisions of this division, in a
tiered environmental analysis based upon a long range development
plan environmental impact report.
(d) Compliance with this section satisfies the obligations of
public higher education pursuant to this division to consider the
environmental impact of academic and enrollment plans as they affect
campuses or medical centers, provided that any such plans shall
become effective for a campus or medical center only after the
environmental effects of those plans have been analyzed as required
by this division in a long range development plan environmental
impact report or tiered analysis based upon that environmental impact
report for that campus or medical center, and addressed as required
by this division.
21080.1. (a) The lead agency shall be responsible for determining
whether an environmental impact report, a negative declaration, or a
mitigated negative declaration shall be required for any project
which is subject to this division. That determination shall be final
and conclusive on all persons, including responsible agencies, unless
challenged as provided in Section 21167.
(b) In the case of a project described in subdivision (c) of
Section 21065, the lead agency shall, upon the request of a potential
applicant, provide for consultation prior to the filing of the
application regarding the range of actions, potential alternatives,
mitigation measures, and any potential and significant effects on the
environment of the project.
21080.2. In the case of a project described in subdivision (c) of
Section 21065, the determination required by Section 21080.1 shall be
made within 30 days from the date on which an application for a
project has been received and accepted as complete by the lead
agency. This period may be extended 15 days upon the consent of the
lead agency and the project applicant.
21080.3. (a) Prior to determining whether a negative declaration or
environmental impact report is required for a project, the lead
agency shall consult with all responsible agencies and trustee
agencies. Prior to that required consultation, the lead agency may
informally contact any of those agencies.
(b) In order to expedite the requirements of subdivision (a), the
Office of Planning and Research, upon request of a lead agency, shall
assist the lead agency in determining the various responsible
agencies and trustee agencies, for a proposed project. In the case of
a project described in subdivision (c) of Section 21065, the request
may also be made by the project applicant.
21080.4. (a) If a lead agency determines that an environmental
impact report is required for a project, the lead agency shall
immediately send notice of that determination by certified mail or an
equivalent procedure to each responsible agency, the Office of
Planning and Research, and those public agencies having jurisdiction
by law over natural resources affected by the project that are held
in trust for the people of the State of California. Upon receipt of
the notice, each responsible agency, the office, and each public
agency having jurisdiction by law over natural resources affected by
the project that are held in trust for the people of the State of
California shall specify to the lead agency the scope and content of
the environmental information that is germane to the statutory
responsibilities of that responsible agency, the office, or the
public agency in connection with the proposed project and which,
pursuant to the requirements of this division, shall be included in
the environmental impact report. The information shall be specified
in writing and shall be communicated to the lead agency by certified
mail or equivalent procedure not later than 30 days after the date of
receipt of the notice of the lead agency's determination. The lead
agency shall request similar guidance from appropriate federal
agencies.
(b) To expedite the requirements of subdivision (a), the lead
agency, any responsible agency, the Office of Planning and Research,
or a public agency having jurisdiction by law over natural resources
affected by the project that are held in trust for the people of the
State of California, may request one or more meetings between
representatives of those agencies and the office for the purpose of
assisting the lead agency to determine the scope and content of the
environmental information that any of those responsible agencies, the
office, or the public agencies may require. In the case of a project
described in subdivision (c) of Section 21065, the request may also
be made by the project applicant. The meetings shall be convened by
the lead agency as soon as possible, but not later than 30 days after
the date that the meeting was requested.
(c) To expedite the requirements of subdivision (a), the Office of
Planning and Research, upon request of a lead agency, shall assist
the lead agency in determining the various responsible agencies,
public agencies having jurisdiction by law over natural resources
affected by the project that are held in trust for the people of the
State of California, and any federal agencies that have
responsibility for carrying out or approving a proposed project. In
the 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 with
respect to any state agency that is a responsible agency or a public
agency having jurisdiction by law over natural resources affected by
the project that are held in trust for the people of the State of
California, subject to the requirements of subdivision (a), the
Office of Planning and Research shall ensure that the information
required by subdivision (a) is transmitted to the lead agency, and
that affected agencies are notified regarding meetings to be held
upon request pursuant to subdivision (b), within the required time
period.
21080.5. (a) Except as provided in Section 21158.1, when the
regulatory program of a state agency requires a plan or other written
documentation containing environmental information and complying
with paragraph (3) of subdivision (d) to be submitted in support of
an activity listed in subdivision (b), the plan or other written
documentation may be submitted in lieu of the environmental impact
report required by this division if the Secretary of the Resources
Agency has certified the regulatory program pursuant to this section.
(b) This section applies only to regulatory programs or portions
thereof 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, or
plans for use in the regulatory program.
(c) A regulatory program certified pursuant to this section is
exempt from Chapter 3 (commencing with Section 21100), Chapter 4
(commencing with Section 21150), and Section 21167, except as
provided in Article 2 (commencing with Section 21157) of Chapter 4.5.
(d) To qualify for certification pursuant to this section, a
regulatory program shall require the utilization of an
interdisciplinary approach that will ensure the integrated use of the
natural and social sciences in decisionmaking and that shall meet
all of the following criteria:
(1) The enabling legislation of the regulatory program does both
of the following:
(A) Includes protection of the environment among its principal
purposes.
(B) Contains authority for the administering agency to adopt rules
and regulations for the protection of the environment, guided by
standards set forth in the enabling legislation.
(2) The rules and regulations adopted by the administering agency
for the regulatory program do all of the following:
(A) Require that an activity will not be approved or adopted as
proposed if there are feasible alternatives or feasible mitigation
measures available that would substantially lessen a significant
adverse effect that the activity may have on the environment.
(B) Include guidelines for the orderly evaluation of proposed
activities and the preparation of the plan or other written
documentation in a manner consistent with the environmental
protection purposes of the regulatory program.
(C) Require the administering agency to consult with all public
agencies that have jurisdiction, by law, with respect to the proposed
activity.
(D) Require that final action on the proposed activity include the
written responses of the issuing authority to significant
environmental points raised during the evaluation process.
(E) Require the filing of a notice of the decision by the
administering agency on the proposed activity with the Secretary of
the Resources Agency. Those notices shall be available for public
inspection, and a list of the notices shall be posted on a weekly
basis in the Office of the Resources Agency. Each list shall remain
posted for a period of 30 days.
(F) Require notice of the filing of the plan or other written
documentation to be made to the public and to a person who requests,
in writing, notification. The notification shall be made in a manner
that will provide the public or a person requesting notification with
sufficient time to review and comment on the filing.
(3) The plan or other written documentation required by the
regulatory program does both of the following:
(A) Includes a description of the proposed activity with
alternatives to the activity, and mitigation measures to minimize any
significant adverse effect on the environment of the activity.
(B) Is available for a reasonable time for review and comment by
other public agencies and the general public.
(e) (1) The Secretary of the Resources Agency shall certify a
regulatory program that the secretary determines meets all the
qualifications for certification set forth in this section, and
withdraw certification on determination that the regulatory program
has been altered so that it no longer meets those qualifications.
Certification and withdrawal of certification shall occur only after
compliance with Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2 of the Government Code.
(2) In determining whether or not a regulatory program meets the
qualifications for certification set forth in this section, the
inquiry of the secretary shall extend only to the question of whether
the regulatory program meets the generic requirements of subdivision
(d). The inquiry may not extend to individual decisions to be
reached under the regulatory program, including the nature of
specific alternatives or mitigation measures that might be proposed
to lessen any significant adverse effect on the environment of the
activity.
(3) If the secretary determines that the regulatory program
submitted for certification does not meet the qualifications for
certification set forth in this section, the secretary shall adopt
findings setting forth the reasons for the determination.
(f) After a regulatory program has been certified pursuant to this
section, a proposed change in the program that could affect
compliance with the qualifications for certification specified in
subdivision (d) may be submitted to the Secretary of the Resources
Agency for review and comment. The scope of the secretary's review
shall extend only to the question of whether the regulatory program
meets the generic requirements of subdivision (d). The review may not
extend to individual decisions to be reached under the regulatory
program, including specific alternatives or mitigation measures that
might be proposed to lessen any significant adverse effect on the
environment of the activity. The secretary shall have 30 days from
the date of receipt of the proposed change to notify the state agency
whether the proposed change will alter the regulatory program so
that it no longer meets the qualification for certification
established in this section and will result in a withdrawal of
certification as provided in this section.
(g) An action or proceeding to attack, review, set aside, void, or
annul a determination or decision of a state agency approving or
adopting a proposed activity under a regulatory program that has been
certified pursuant to this section on the basis that the plan or
other written documentation prepared pursuant to paragraph (3) of
subdivision (d) does not comply with this section shall be commenced
not later than 30 days from the date of the filing of notice of the
approval 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 Resources
Agency to certify a regulatory program pursuant to this section on
the basis that the regulatory program does not comply with this
section shall be commenced within 30 days from the date of
certification by the secretary.
(2) In an action brought pursuant to paragraph (1), the inquiry
shall extend only to whether there was a prejudicial abuse of
discretion by the secretary. Abuse of discretion is established if
the secretary has not proceeded in a manner required by law or if the
determination is not supported by substantial evidence.
(i) For purposes of this section, a county agricultural
commissioner is a state agency.
(j) For purposes of this section, an air quality management
district or air pollution control district is a state agency, except
that the approval, if any, by a district of a nonattainment area plan
is subject to this section only if, and to the extent that, the
approval adopts or amends rules or regulations.
(k) (1) The secretary, by July 1, 2004, shall develop a protocol
for reviewing the prospective application of certified regulatory
programs to evaluate the consistency of those programs with the
requirements of this division. Following the completion of the
development of the protocol, the secretary shall provide a report to
the Senate Committee on Environmental Quality and the Assembly
Committee on Natural Resources regarding the need for a grant of
additional statutory authority authorizing the secretary to undertake
a review of the certified regulatory programs.
(2) The secretary shall provide a significant opportunity for
public participation in developing the protocol described in
paragraph (1) including, but not limited to, at least two public
meetings with interested parties. A notice of each meeting shall be
provided at least 10 days prior to the meeting to a person who files
a written request for a notice with the agency.
21080.8. This division does not apply to the conversion of an
existing rental mobilehome park to a resident initiated subdivision,
cooperative, or condominium for mobilehomes if the conversion will
not result in an expansion of or change in existing use of the
property.
21080.9. This division shall not apply to activities and approvals
by any local government, as defined in Section 30109, or any state
university or college, as defined in Section 30119, as necessary for
the preparation and adoption of a local coastal program or long-range
land use development plan pursuant to Division 20 (commencing with
Section 30000); provided, however, that certification of a local
coastal program or long-range land use development plan by the
California Coastal Commission pursuant to Chapter 6 (commencing with
Section 30500) of Division 20 shall be subject to the requirements of
this division. For the purpose of Section 21080.5, a certified local
coastal program or long-range land use development plan constitutes
a plan for use in the California Coastal Commission's regulatory
program.
21080.10. This division does not apply to any of the following:
(a) An extension of time, granted pursuant to Section 65361 of the
Government Code, for the preparation and adoption of one or more
elements of a city or county general plan.
(b) Actions taken by the Department of Housing and Community
Development or the California Housing Finance Agency to provide
financial assistance or insurance for the development and
construction of residential housing for persons and families of low
or moderate income, as defined in Section 50093 of the Health and
Safety Code, if the project that is the subject of the application
for financial assistance or insurance will be reviewed pursuant to
this division by another public agency.
21080.11. This division shall not apply to settlements of title and
boundary problems by the State Lands Commission and to exchanges or
leases in connection with those settlements.
21080.12. (a) This division does not apply to the repair of
critical levees of the State Plan for Flood Control specified
pursuant to Section 8361 of the Water Code within an existing levee
footprint to meet standards of public health and safety funded
pursuant to Section 5096.821, except as otherwise provided in Section
15300.2 of Title 14 of the California Code of Regulations.
(b) For purposes of undertaking urgent levee repairs, the lead
agency shall do all of the following:
(1) Conduct outreach efforts in the vicinity of the project to
ensure public awareness of the proposed repair work prior to approval
of the project.
(2) To the extent feasible, comply with standard construction
practices, including, but not limited to, any rules, guidelines, or
regulations adopted by the applicable air district for construction
equipment and for control of particulate matter emissions.
(3) To the extent feasible, use equipment powered by emulsified
diesel fuel, electricity, natural gas, or ultralow sulfur diesel as
an 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, that
is enacted before July 1, 2016, deletes or extends that date.
21080.13. This division shall not apply to any railroad grade
separation project which eliminates an existing grade crossing or
which reconstructs an existing grade separation.
21080.17. This division does not apply to the adoption of an
ordinance by a city or county to implement the provisions of Section
65852.1 or Section 65852.2 of the Government Code.
21080.18. This division does not apply to the closing of any public
school in which kindergarten or any of grades 1 through 12 is
maintained or the transfer of students from that public school to
another school if the only physical changes involved are
categorically 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 restriping
of streets or highways to relieve traffic congestion.
21080.21. This division does not apply to any project of less than
one mile in length within a public street or highway or any other
public right-of-way for the installation of a new pipeline or the
maintenance, repair, restoration, reconditioning, relocation,
replacement, removal, or demolition of an existing pipeline. For
purposes of this section, "pipeline" includes subsurface facilities
but does not include any surface facility related to the operation of
the underground facility.
21080.22. (a) This division does not apply to activities and
approvals by a local government necessary for the preparation of
general plan amendments pursuant to Section 29763, except that the
approval of general plan amendments by the Delta Protection
Commission is subject to the requirements of this division.
(b) For purposes of Section 21080.5, a general plan amendment is a
plan required by the regulatory program of the Delta Protection
Commission.
21080.23. (a) This division does not apply to any project which
consists of the inspection, maintenance, repair, restoration,
reconditioning, relocation, replacement, or removal of an existing
pipeline, as defined in subdivision (a) of Section 51010.5 of the
Government Code, or any valve, flange, meter, or other piece of
equipment that is directly attached to the pipeline, if the project
meets all of the following conditions:
(1) (A) The project is less than eight miles in length.
(B) Notwithstanding subparagraph (A), actual construction and
excavation activities undertaken to achieve the maintenance, repair,
restoration, reconditioning, relocation, replacement, or removal of
an existing pipeline are not undertaken over a length of more than
one-half mile at any one time.
(2) The project consists of a section of pipeline that is not less
than eight miles from any section of pipeline that has been subject
to an exemption pursuant to this section in the past 12 months.
(3) The project is not solely for the purpose of excavating soil
that is contaminated by hazardous materials, and, to the extent not
otherwise expressly required by law, the party undertaking the
project immediately informs the lead agency of the discovery of
contaminated soil.
(4) To the extent not otherwise expressly required by law, the
person undertaking the project has, in advance of undertaking the
project, prepared a plan that will result in notification of the
appropriate agencies so that they may take action, if determined to
be necessary, to provide for the emergency evacuation of members of
the public who may be located in close proximity to the project.
(5) Project activities are undertaken within an existing
right-of-way and the right-of-way is restored to its condition prior
to the project.
(6) The project applicant agrees to comply with all conditions
otherwise authorized by law, imposed by the city or county planning
department as part of any local agency permit process, that are
required to mitigate potential impacts of the proposed project, and
to otherwise comply with the Keene-Nejedly California Wetlands
Preservation Act (Chapter 7 (commencing with Section 5810) of
Division 5), the California Endangered Species Act (Chapter 1.5
(commencing with Section 2050) of Division 3 of the Fish and Game
Code), and other applicable state laws, and with all applicable
federal 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, but
not limited to, any public agency having permit, land use,
environmental, public health protection, or emergency response
authority of the exemption of the project from this division by
subdivision (a).
(2) Provide notice to the public in the affected area in a manner
consistent 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 to
the property.
(4) Comply with all conditions otherwise authorized by law,
imposed by the city or county planning department as part of any
local agency permit process, that are required to mitigate potential
impacts of the proposed project, and otherwise comply with the
Keene-Nejedly California Wetlands Preservation Act (Chapter 7
(commencing with Section 5810) of Division 5), the California
Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of
Division 3 of the Fish and Game Code), and other applicable state
laws, and with all applicable federal laws.
(c) Prior to January 1, 1999, this section shall not apply to ARCO
Pipeline Company's crude oil pipelines designated as Crude Oil Line
1, 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" also
means a pipeline located in Fresno, Kern, Kings, or Tulare County,
that is used to transport biogas, and meeting the requirements of
Section 21080.23 and all local, state, and federal laws.
(b) For purposes of this section, "biogas" means natural gas that
meets the requirements of Section 2292.5 of Title 13 of the
California Code of Regulations and is derived from anaerobic
digestion 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 enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date.
21080.24. (a) This division does not apply to the issuance,
modification, amendment, or renewal of a permit by an air pollution
control district or air quality management district pursuant to Title
V, as defined in Section 39053.3 of the Health and Safety Code, or
pursuant to a district Title V program established pursuant to
Sections 42301.10, 42301.11, and 42301.12 of the Health and Safety
Code, unless the issuance, modification, amendment, or renewal
authorizes a physical or operational change to a source or facility.
(b) Nothing in this section is intended to result in the
application of this division to a physical or operational change
that, prior to January 1, 1995, was not subject to this division.
21080.26. This division does not apply to minor alterations to
utilities made for the purposes of complying with Sections 4026.7 and
4026.8 of the Health and Safety Code or regulations adopted
thereunder.
21080.29. (a) A project located in Los Angeles County that is
approved by a public agency before the effective date of the act
adding this section is not in violation of any requirement of this
division by reason of the failure to construct a roadway across the
property transferred to the state pursuant to subdivision (c) and to
construct a bridge over the adjacent Ballona Channel in Los Angeles
County, otherwise required as a mitigation measure pursuant to this
division, if all of the following conditions apply:
(1) The improvements specified in this subdivision are not
constructed, due in whole or in part, to the project owner's or
developer's relinquishment of easement rights to construct those
improvements.
(2) The easement rights in paragraph (1) are relinquished in
connection with the State of California, acting by and through the
Wildlife Conservation Board of the Department of Fish and Game,
acquiring a wetlands project that is a minimum of 400 acres in size
and located within the coastal zone.
(b) Where those easement rights have been relinquished, any
municipal ordinance or regulation adopted by a charter city or a
general law city shall be inapplicable to the extent that the
ordinance or regulation requires construction of the transportation
improvements specified in subdivision (a), or would otherwise require
reprocessing or resubmittal of a permit or approval, including, but
not limited to, a final recorded map, a vesting tentative map, or a
tentative map, as a result of the transportation improvements
specified in subdivision (a) not being constructed.
(c) (1) If the Wildlife Conservation Board of the Department of
Fish and Game acquires property within the coastal zone that is a
minimum of 400 acres in size pursuant to a purchase and sale
agreement with Playa Capital Company, LLC, the Controller shall
direct the trustee under the Amendment to Declaration of Trust
entered into on or about December 11, 1984, by First Nationwide
Savings, as trustee, Summa Corporation, as trustor, and the
Controller, as beneficiary, known as the HRH Inheritance Tax Security
Trust, to convey title to the trust estate of the trust, including
real property commonly known as Playa Vista Area C, to the State of
California acting by and through the Wildlife Conservation Board of
the Department of Fish and Game for conservation, restoration, or
recreation purposes only, with the right to transfer the property for
those uses to any other agency of the State of California.
(2) This subdivision shall constitute the enabling legislation
required by the Amendment to Declaration of Trust to empower the
Controller to direct the trustee to convey title to the trust estate
under the HRH Inheritance Tax Security Trust to the State of
California or an agency thereof.
(3) The conveyance of the trust estate to the Wildlife
Conservation Board pursuant to this subdivision shall supersede any
duty or obligation imposed upon the Controller under the Probate Code
or the Revenue and Taxation Code with respect to the disposition or
application of the net proceeds of the trust estate.
21080.32. (a) This section shall only apply to publicly owned
transit agencies, but shall not apply to any publicly owned transit
agency created pursuant to Section 130050.2 of the Public Utilities
Code.
(b) Except as provided in subdivision (c), and in accordance with
subdivision (d), this division does not apply to actions taken on or
after July 1, 1995, by a publicly owned transit agency to implement
budget reductions caused by the failure of agency revenues to
adequately fund agency programs and facilities.
(c) This section does not apply to any action to reduce or
eliminate a transit service, facility, program, or activity that was
approved or adopted as a mitigation measure in any environmental
document authorized by this division or the National Environmental
Policy Act (42 U.S.C. Sec. 4321 et seq.) or to any state or federal
requirement that is imposed for the protection of the environment.
(d) (1) This section applies only to actions taken after the
publicly owned transit agency has made a finding that there is a
fiscal emergency caused by the failure of agency revenues to
adequately fund agency programs and facilities, and after the
publicly owned transit agency has held a public hearing to consider
those actions. A publicly owned transit agency that has held such a
hearing shall respond within 30 days at a regular public meeting to
suggestions made by the public at the initial public hearing. Those
actions shall be limited to projects defined in subdivision (a) or
(b) of Section 21065 which initiate or increase fees, rates, or
charges charged for any existing public service, program, or
activity; or reduce or eliminate the availability of an existing
publicly owned transit service, facility, program, or activity.
(2) For purposes of this subdivision, "fiscal emergency," when
applied to a publicly owned transit agency, means that the agency is
projected to have negative working capital within one year from the
date that the agency makes the finding that there is a fiscal
emergency pursuant to this section. Working capital shall be
determined by adding together all unrestricted cash, unrestricted
short-term investments, and unrestricted short-term accounts
receivable and then subtracting unrestricted accounts payable.
Employee retirement funds, including Internal Revenue Code Section
457 deferred compensation plans and Section 401(k) plans, health
insurance reserves, bond payment reserves, workers' compensation
reserves, and insurance reserves, shall not be factored into the
formula for working capital.
21080.33. This division does not apply to any emergency project
undertaken, carried out, or approved by a public agency to maintain,
repair, or restore an existing highway, as defined in Section 360 of
the Vehicle Code, except for a highway designated as an official
state scenic highway pursuant to Section 262 of the Streets and
Highways Code, within the existing right-of-way of the highway,
damaged as a result of fire, flood, storm, earthquake, land
subsidence, gradual earth movement, or landslide, within one year of
the damage. This section does not exempt from this division any
project undertaken, carried out, or approved by a public agency to
expand 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 "carrying
out or approving a project" shall include the carrying out or
approval of a plan for a project that expands or enlarges an existing
publicly owned airport by any political subdivision, as described in
Section 21661.6 of the Public Utilities Code.
21080.42. (a) The following transportation projects are exempt from
this division:
(1) U.S. Highway 101 interchange modification, adding southbound
auxiliary lane and southbound mixed flow lane, from Interstate 280 to
Yerba Buena Road, in Santa Clara County.
(2) Construct north and southbound high-occupancy vehicle lanes on
I-805 from I-5 to Carroll Canyon Road, including construction of
north-facing direct access ramps in San Diego County.
(3) State Route 99, Los Molinas rehabilitation and traffic
calming, from Orange Street to Tehama Vine Road, in Tehama County.
(4) State Route 99, Island Park widening project, adding one mixed
flow lane in each direction, from Ashlan Avenue to Grantlund Avenue,
in Fresno County.
(5) State Route 99 median widening, adding one mixed flow lane in
each direction, from State Route 120 west to 0.4 miles north of Arch
Road, in Manteca in San Joaquin County.
(6) State Route 12 pavement rehabilitation and shoulder widening
in San Joaquin County on Bouldin Island.
(7) State Route 91 widening, adding one mixed flow lane in each
direction, from State Route 55 to Weir Canyon Road in Orange County.
(8) U.S. Highway 101 pavement rehabilitation and shoulder widening
in San Luis Obispo County.
(b) An exemption provided pursuant to subdivision (a) shall not
apply to a transportation project if, on or after February 1, 2009, a
lead agency changes the scope of that project from the manner in
which 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 an
environmental impact report has been certified which identifies one
or more significant effects on the environment that would occur if
the project is approved or carried out unless both of the following
occur:
(a) The public agency makes one or more of the following findings
with respect to each significant effect:
(1) Changes or alterations have been required in, or incorporated
into, the project which mitigate or avoid the significant effects on
the environment.
(2) Those changes or alterations are within the responsibility and
jurisdiction of another public agency and have been, or can and
should be, adopted by that other agency.
(3) Specific economic, legal, social, technological, or other
considerations, including considerations for the provision of
employment opportunities for highly trained workers, make infeasible
the mitigation measures or alternatives identified in the
environmental impact report.
(b) With respect to significant effects which were subject to a
finding under paragraph (3) of subdivision (a), the public agency
finds that specific overriding economic, legal, social,
technological, or other benefits of the project outweigh the
significant effects on the environment.
21081.2. (a) Except as provided in subdivision (c), if a
residential project, not exceeding 100 units, with a minimum
residential density of 20 units per acre and within one-half mile of
a transit stop, on an infill site in an urbanized area is in
compliance with the traffic, circulation, and transportation policies
of the general plan, applicable community plan, applicable specific
plan, and applicable ordinances of the city or county with
jurisdiction over the area where the project is located, and the city
or county requires that the mitigation measures approved in a
previously certified project area environmental impact report
applicable to the project be incorporated into the project, the city
or county is not required to comply with subdivision (a) of Section
21081 with respect to the making of any findings regarding the
impacts of the project on traffic at intersections, or on streets,
highways, or freeways.
(b) Nothing in subdivision (a) restricts the authority of a city
or county to adopt feasible mitigation measures with respect to the
impacts of a project on pedestrian and bicycle safety.
(c) Subdivision (a) does not apply in any of the following
circumstances:
(1) The application for a proposed project is made more than five
years after certification of the project area environmental impact
report applicable to the project.
(2) A major change has occurred within the project area after
certification of the project area environmental impact report
applicable to the project.
(3) The project area environmental impact report applicable to the
project was certified with overriding considerations pursuant to
subdivision (b) of Section 21081 to the significant impacts on the
environment 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 order
to qualify pursuant to this section.
(e) Nothing in this section relieves a city or county from the
requirement to analyze the project's effects on traffic at
intersections, or on streets, highways, or freeways, or from making a
determination that the project may have a significant effect on
traffic.
(f) For the purposes of this section, "project area environmental
impact report" means an environmental impact report certified on any
of the following:
(1) A general plan.
(2) A revision or update to the general plan that includes at
least 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 environmental
impact report analyzed the environmental effects of the density of
the proposed project.
(6) A zoning ordinance.
21081.5. In making the findings required by paragraph (3) of
subdivision (a) of Section 21081, the public agency shall base its
findings on substantial evidence in the record.
21081.6. (a) When making the findings required by paragraph (1) of
subdivision (a) of Section 21081 or when adopting a mitigated
negative declaration pursuant to paragraph (2) of subdivision (c) of
Section 21080, the following requirements shall apply:
(1) The public agency shall adopt a reporting or monitoring
program for the changes made to the project or conditions of project
approval, adopted in order to mitigate or avoid significant effects
on the environment. The reporting or monitoring program shall be
designed to ensure compliance during project implementation. For
those changes which have been required or incorporated into the
project at the request of a responsible agency or a public agency
having jurisdiction by law over natural resources affected by the
project, that agency shall, if so requested by the lead agency or a
responsible agency, prepare and submit a proposed reporting or
monitoring program.
(2) The lead agency shall specify the location and custodian of
the documents or other material which constitute the record of
proceedings upon which its decision is based.
(b) A public agency shall provide that measures to mitigate or
avoid significant effects on the environment are fully enforceable
through permit conditions, agreements, or other measures. Conditions
of project approval may be set forth in referenced documents which
address required mitigation measures or, in the case of the adoption
of a plan, policy, regulation, or other public project, by
incorporating the mitigation measures into the plan, policy,
regulation, or project design.
(c) Prior to the close of the public review period for a draft
environmental impact report or mitigated negative declaration, a
responsible agency, or a public agency having jurisdiction over
natural resources affected by the project, shall either submit to the
lead agency complete and detailed performance objectives for
mitigation measures which would address the significant effects on
the environment identified by the responsible agency or agency having
jurisdiction over natural resources affected by the project, or
refer the lead agency to appropriate, readily available guidelines or
reference documents. Any mitigation measures submitted to a lead
agency by a responsible agency or an agency having jurisdiction over
natural resources affected by the project shall be limited to
measures which mitigate impacts to resources which are subject to the
statutory authority of, and definitions applicable to, that agency.
Compliance or noncompliance by a responsible agency or agency having
jurisdiction over natural resources affected by a project with that
requirement shall not limit the authority of the responsible agency
or agency having jurisdiction over natural resources affected by a
project, or the authority of the lead agency, to approve, condition,
or deny projects as provided by this division or any other provision
of law.
21081.7. Transportation information resulting from the reporting or
monitoring program required to be adopted by a public agency
pursuant to Section 21081.6 shall be submitted to the transportation
planning agency in the region where the project is located and to the
Department of Transportation for a project of statewide, regional,
or areawide significance according to criteria developed pursuant to
Section 21083. The transportation planning agency and the Department
of Transportation shall adopt guidelines for the submittal of those
reporting or monitoring programs.
21082. All public agencies shall adopt by ordinance, resolution,
rule, or regulation, objectives, criteria, and procedures for the
evaluation of projects and the preparation of environmental impact
reports and negative declarations pursuant to this division. A school
district, or any other district, whose boundaries are coterminous
with a city, county, or city and county, may utilize the objectives,
criteria, and procedures of the city, county, or city and county, as
may be applicable, in which case, the school district or other
district need not adopt objectives, criteria, and procedures of its
own. The objectives, criteria, and procedures shall be consistent
with the provisions of this division and with the guidelines adopted
by the Secretary of the Resources Agency pursuant to Section 21083.
Such objectives, criteria, and procedures shall be adopted by each
public agency no later than 60 days after the Secretary of the
Resources Agency has adopted guidelines pursuant to Section 21083.
21082.1. (a) Any draft environmental impact report, environmental
impact report, negative declaration, or mitigated negative
declaration prepared pursuant to the requirements of this division
shall be prepared directly by, or under contract to, a public agency.
(b) This section is not intended to prohibit, and shall not be
construed as prohibiting, any person from submitting information or
other comments to the public agency responsible for preparing an
environmental impact report, draft environmental impact report,
negative declaration, or mitigated negative declaration. The
information or other comments may be submitted in any format, shall
be considered by the public agency, and may be included, in whole or
in part, in any report or declaration.
(c) The lead agency shall do all of the following:
(1) Independently review and analyze any report or declaration
required by this division.
(2) Circulate draft documents that reflect its independent
judgment.
(3) As part of the adoption of a negative declaration or a
mitigated negative declaration, or certification of an environmental
impact report, find that the report or declaration reflects the
independent judgment of the lead agency.
(4) Submit a sufficient number of copies of the draft
environmental impact report, proposed negative declaration, or
proposed mitigated negative declaration, and a copy of the report or
declaration in an electronic form as required by the guidelines
adopted pursuant to Section 21083, to the State Clearinghouse for
review 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 respect
to the project.
(C) The proposed project is of sufficient statewide, regional, or
areawide environmental significance as determined pursuant to the
guidelines certified and adopted pursuant to Section 21083.
21082.2. (a) The lead agency shall determine whether a project may
have a significant effect on the environment based on substantial
evidence in light of the whole record.
(b) The existence of public controversy over the environmental
effects of a project shall not require preparation of an
environmental impact report if there is no substantial evidence in
light of the whole record before the lead agency that the project may
have a significant effect on the environment.
(c) Argument, speculation, unsubstantiated opinion or narrative,
evidence which is clearly inaccurate or erroneous, or evidence of
social or economic impacts which do not contribute to, or are not
caused by, physical impacts on the environment, is not substantial
evidence. Substantial evidence shall include facts, reasonable
assumptions predicated upon facts, and expert opinion supported by
facts.
(d) If there is substantial evidence, in light of the whole record
before the lead agency, that a project may have a significant effect
on the environment, an environmental impact report shall be
prepared.
(e) Statements in an environmental impact report and comments with
respect to an environmental impact report shall not be deemed
determinative of whether the project may have a significant effect on
the environment.
21083. (a) The Office of Planning and Research shall prepare and
develop proposed guidelines for the implementation of this division
by public agencies. The guidelines shall include objectives and
criteria for the orderly evaluation of projects and the preparation
of environmental impact reports and negative declarations in a manner
consistent with this division.
(b) The guidelines shall specifically include criteria for public
agencies to follow in determining whether or not a proposed project
may have a "significant effect on the environment." The criteria
shall require a finding that a project may have a "significant effect
on the environment" if one or more of the following conditions
exist:
(1) A proposed project has the potential to degrade the quality of
the environment, curtail the range of the environment, or to achieve
short-term, to the disadvantage of long-term, environmental goals.
(2) The possible effects of a project are individually limited but
cumulatively considerable. As used in this paragraph, "cumulatively
considerable" means that the incremental effects of an individual
project are considerable when viewed in connection with the effects
of past projects, the effects of other current projects, and the
effects of probable future projects.
(3) The environmental effects of a project will cause substantial
adverse effects on human beings, either directly or indirectly.
(c) The guidelines shall include procedures for determining the
lead agency pursuant to Section 21165.
(d) The guidelines shall include criteria for public agencies to
use in determining when a proposed project is of sufficient
statewide, regional, or areawide environmental significance that a
draft environmental impact report, a proposed negative declaration,
or a proposed mitigated negative declaration shall be submitted to
appropriate state agencies, through the State Clearinghouse, for
review and comment prior to completion of the environmental impact
report, negative declaration, or mitigated negative declaration.
(e) The Office of Planning and Research shall develop and prepare
the proposed guidelines as soon as possible and shall transmit them
immediately to the Secretary of the Resources Agency. The Secretary
of the Resources Agency shall certify and adopt the guidelines
pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of
Division 3 of Title 2 of the Government Code, which shall become
effective upon the filing thereof. However, the guidelines shall not
be adopted without compliance with Sections 11346.4, 11346.5, and
11346.8 of the Government Code.
(f) The Office of Planning and Research shall, at least once
every two years, review the guidelines adopted pursuant to this
section and shall recommend proposed changes or amendments to the
Secretary of the Resources Agency. The Secretary of the Resources
Agency shall certify and adopt guidelines, and any amendments
thereto, at least once every two years, pursuant to Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code, which shall become effective upon the filing
thereof. However, guidelines may not be adopted or amended without
compliance with Sections 11346.4, 11346.5, and 11346.8 of the
Government Code.
21083.05. (a) On or before July 1, 2009, the Office of Planning and
Research shall prepare, develop, and transmit to the Resources
Agency guidelines for the mitigation of greenhouse gas emissions or
the effects of greenhouse gas emissions as required by this division,
including, but not limited to, effects associated with
transportation or energy consumption.
(b) On or before January 1, 2010, the Resources Agency shall
certify and adopt guidelines prepared and developed by the Office of
Planning and Research pursuant to subdivision (a).
(c) The Office of Planning and Research and the Resources Agency
shall periodically update the guidelines to incorporate new
information or criteria established by the State Air Resources Board
pursuant to Division 25.5 (commencing with Section 38500) of the
Health 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 adopted
pursuant to Section 21083 in a manner which imposes procedural or
substantive requirements beyond those explicitly stated in this
division or in the state guidelines.
21083.2. (a) As part of the determination made pursuant to Section
21080.1, the lead agency shall determine whether the project may have
a significant effect on archaeological resources. If the lead agency
determines that the project may have a significant effect on unique
archaeological resources, the environmental impact report shall
address the issue of those resources. An environmental impact report,
if otherwise necessary, shall not address the issue of nonunique
archaeological resources. A negative declaration shall be issued with
respect to a project if, but for the issue of nonunique
archaeological resources, the negative declaration would be otherwise
issued.
(b) If it can be demonstrated that a project will cause damage to
a unique archaeological resource, the lead agency may require
reasonable efforts to be made to permit any or all of these resources
to be preserved in place or left in an undisturbed state. Examples
of that treatment, in no order of preference, may include, but are
not limited to, any of the following:
(1) Planning construction to avoid archaeological sites.
(2) Deeding archaeological sites into permanent conservation
easements.
(3) Capping or covering archaeological sites with a layer of soil
before building on the sites.
(4) Planning parks, greenspace, or other open space to incorporate
archaeological sites.
(c) To the extent that unique archaeological resources are not
preserved in place or not left in an undisturbed state, mitigation
measures shall be required as provided in this subdivision. The
project applicant shall provide a guarantee to the lead agency to pay
one-half the estimated cost of mitigating the significant effects of
the project on unique archaeological resources. In determining
payment, the lead agency shall give due consideration to the in-kind
value of project design or expenditures that are intended to permit
any or all archaeological resources or California Native American
culturally significant sites to be preserved in place or left in an
undisturbed state. When a final decision is made to carry out or
approve the project, the lead agency shall, if necessary, reduce the
specified mitigation measures to those which can be funded with the
money guaranteed by the project applicant plus the money voluntarily
guaranteed by any other person or persons for those mitigation
purposes. In order to allow time for interested persons to provide
the funding guarantee referred to in this subdivision, a final
decision to carry out or approve a project shall not occur sooner
than 60 days after completion of the r
21080. (a) Except as otherwise provided in this division, this
division shall apply to discretionary projects proposed to be carried
out or approved by public agencies, including, but not limited to,
the enactment and amendment of zoning ordinances, the issuance of
zoning variances, the issuance of conditional use permits, and the
approval of tentative subdivision maps unless the project is exempt
from this division.
(b) This division does not apply to any of the following
activities:
(1) Ministerial projects proposed to be carried out or approved by
public agencies.
(2) Emergency repairs to public service facilities necessary to
maintain service.
(3) Projects undertaken, carried out, or approved by a public
agency to maintain, repair, restore, demolish, or replace property or
facilities damaged or destroyed as a result of a disaster in a
disaster-stricken area in which a state of emergency has been
proclaimed by the Governor pursuant to Chapter 7 (commencing with
Section 8550) of Division 1 of Title 2 of the Government Code.
(4) Specific actions necessary to prevent or mitigate an
emergency.
(5) Projects which a public agency rejects or disapproves.
(6) Actions undertaken by a public agency relating to any thermal
powerplant 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 of
equipment, fuel, water (except groundwater), steam, or power for a
thermal powerplant, if the powerplant site and related facility will
be the subject of an environmental impact report, negative
declaration, or other document, prepared pursuant to a regulatory
program certified pursuant to Section 21080.5, which will be prepared
by the State Energy Resources Conservation and Development
Commission, by the Public Utilities Commission, or by the city or
county in which the powerplant and related facility would be located
if the environmental impact report, negative declaration, or document
includes the environmental impact, if any, of the action described
in this paragraph.
(7) Activities or approvals necessary to the bidding for, hosting
or staging of, and funding or carrying out of, an Olympic games under
the authority of the International Olympic Committee, except for the
construction of facilities necessary for the Olympic games.
(8) The establishment, modification, structuring, restructuring,
or approval of rates, tolls, fares, or other charges by public
agencies which the public agency finds are for the purpose of (A)
meeting operating expenses, including employee wage rates and fringe
benefits, (B) purchasing or leasing supplies, equipment, or
materials, (C) meeting financial reserve needs and requirements, (D)
obtaining funds for capital projects necessary to maintain service
within existing service areas, or (E) obtaining funds necessary to
maintain those intracity transfers as are authorized by city charter.
The public agency shall incorporate written findings in the record
of any proceeding in which an exemption under this paragraph is
claimed setting forth with specificity the basis for the claim of
exemption.
(9) All classes of projects designated pursuant to Section 21084.
(10) A project for the institution or increase of passenger or
commuter 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 or
commuter service on high-occupancy vehicle lanes already in use,
including the modernization of existing stations and parking
facilities.
(12) Facility extensions not to exceed four miles in length which
are required for the transfer of passengers from or to exclusive
public mass transit guideway or busway public transit services.
(13) A project for the development of a regional transportation
improvement program, the state transportation improvement program, or
a congestion management program prepared pursuant to Section 65089
of the Government Code.
(14) Any project or portion thereof located in another state which
will be subject to environmental impact review pursuant to the
National Environmental Policy Act of 1969 (42 U.S.C. Sec. 4321 et
seq.) or similar state laws of that state. Any emissions or
discharges that would have a significant effect on the environment in
this state are subject to this division.
(15) Projects undertaken by a local agency to implement a rule or
regulation imposed by a state agency, board, or commission under a
certified regulatory program pursuant to Section 21080.5. Any
site-specific effect of the project which was not analyzed as a
significant effect on the environment in the plan or other written
documentation required by Section 21080.5 is subject to this
division.
(16) The selection, credit, and transfer of emission credits by
the South Coast Air Quality Management District pursuant to Section
40440.14 of the Health and Safety Code, until the repeal of that
section on January 1, 2012, or a later date.
(c) If a lead agency determines that a proposed project, not
otherwise exempt from this division, would not have a significant
effect on the environment, the lead agency shall adopt a negative
declaration to that effect. The negative declaration shall be
prepared for the proposed project in either of the following
circumstances:
(1) There is no substantial evidence, in light of the whole record
before the lead agency, that the project may have a significant
effect on the environment.
(2) An initial study identifies potentially significant effects on
the environment, but (A) revisions in the project plans or proposals
made by, or agreed to by, the applicant before the proposed negative
declaration and initial study are released for public review would
avoid the effects or mitigate the effects to a point where clearly no
significant effect on the environment would occur, and (B) there is
no substantial evidence, in light of the whole record before the lead
agency, that the project, as revised, may have a significant effect
on the environment.
(d) If there is substantial evidence, in light of the whole record
before the lead agency, that the project may have a significant
effect on the environment, an environmental impact report shall be
prepared.
(e) (1) For the purposes of this section and this division,
substantial evidence includes fact, a reasonable assumption
predicated upon fact, or expert opinion supported by fact.
(2) Substantial evidence is not argument, speculation,
unsubstantiated opinion or narrative, evidence that is clearly
inaccurate or erroneous, or evidence of social or economic impacts
that do not contribute to, or are not caused by, physical impacts on
the environment.
(f) As a result of the public review process for a mitigated
negative declaration, including administrative decisions and public
hearings, the lead agency may conclude that certain mitigation
measures identified pursuant to paragraph (2) of subdivision (c) are
infeasible or otherwise undesirable. In those circumstances, the lead
agency, prior to approving the project, may delete those mitigation
measures and substitute for them other mitigation measures that the
lead agency finds, after holding a public hearing on the matter, are
equivalent or more effective in mitigating significant effects on the
environment to a less than significant level and that do not cause
any potentially significant effect on the environment. If those new
mitigation measures are made conditions of project approval or are
otherwise made part of the project approval, the deletion of the
former measures and the substitution of the new mitigation measures
shall not constitute an action or circumstance requiring
recirculation of the mitigated negative declaration.
(g) Nothing in this section shall preclude a project applicant or
any other person from challenging, in an administrative or judicial
proceeding, the legality of a condition of project approval imposed
by the lead agency. If, however, any condition of project approval
set aside by either an administrative body or court was necessary to
avoid or lessen the likelihood of the occurrence of a significant
effect on the environment, the lead agency's approval of the negative
declaration and project shall be invalid and a new environmental
review process shall be conducted before the project can be
reapproved, unless the lead agency substitutes a new condition that
the lead agency finds, after holding a public hearing on the matter,
is equivalent to, or more effective in, lessening or avoiding
significant effects on the environment and that does not cause any
potentially significant effect on the environment.
21080.01. This division shall not apply to any activity or approval
necessary for the reopening and operation of the California Men's
Colony West Facility in San Luis Obispo County.
21080.02. This division shall not apply to any activity or approval
necessary for or incidental to planning, design, site acquisition,
construction, operation, or maintenance of the new prison facility at
or in the vicinity of Corcoran in Kings County as authorized by the
act that enacted this section.
21080.03. This division shall not apply to any activity or approval
necessary for or incidental to the location, development,
construction, operation, or maintenance of the prison in the County
of Kings, authorized by Section 9 of Chapter 958 of the Statutes of
1983, 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) of
Section 21080, this division applies to a project for the institution
of passenger rail service on a line paralleling State Highway 29 and
running from Rocktram to Krug in the Napa Valley. With respect to
that project, and for the purposes of this division, the Public
Utilities Commission is the lead agency.
(b) It is the intent of the Legislature in enacting this section
to abrogate the decision of the California Supreme Court "that
Section 21080, subdivision (b)(11), exempts Wine Train's institution
of passenger service on the Rocktram-Krug line from the requirements
of CEQA" in Napa Valley Wine Train, Inc. v. Public Utilities Com., 50
Cal. 3d 370.
(c) Nothing in this section is intended to affect or apply to, or
to confer jurisdiction upon the Public Utilities Commission with
respect to, any other project involving rail service.
21080.05. This division does not apply to a project by a public
agency to lease or purchase the rail right-of-way used for the San
Francisco Peninsula commute service between San Francisco and San
Jose, together with all branch and spur lines, including the
Dumbarton and Vasona lines.
21080.07. This division shall not apply to any activity or approval
necessary for or incidental to planning, design, site acquisition,
construction, operation, or maintenance of the new prison facilities
located 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 following
definitions apply:
(1) "Public higher education" has the same meaning as specified in
Section 66010 of the Education Code.
(2) "Long range development plan" means a physical development and
land use plan to meet the academic and institutional objectives for
a particular campus or medical center of public higher education.
(b) The selection of a location for a particular campus and the
approval of a long range development plan are subject to this
division and require the preparation of an environmental impact
report. Environmental effects relating to changes in enrollment
levels shall be considered for each campus or medical center of
public higher education in the environmental impact report prepared
for the long range development plan for the campus or medical center.
(c) The approval of a project on a particular campus or medical
center of public higher education is subject to this division and may
be addressed, subject to the other provisions of this division, in a
tiered environmental analysis based upon a long range development
plan environmental impact report.
(d) Compliance with this section satisfies the obligations of
public higher education pursuant to this division to consider the
environmental impact of academic and enrollment plans as they affect
campuses or medical centers, provided that any such plans shall
become effective for a campus or medical center only after the
environmental effects of those plans have been analyzed as required
by this division in a long range development plan environmental
impact report or tiered analysis based upon that environmental impact
report for that campus or medical center, and addressed as required
by this division.
21080.1. (a) The lead agency shall be responsible for determining
whether an environmental impact report, a negative declaration, or a
mitigated negative declaration shall be required for any project
which is subject to this division. That determination shall be final
and conclusive on all persons, including responsible agencies, unless
challenged as provided in Section 21167.
(b) In the case of a project described in subdivision (c) of
Section 21065, the lead agency shall, upon the request of a potential
applicant, provide for consultation prior to the filing of the
application regarding the range of actions, potential alternatives,
mitigation measures, and any potential and significant effects on the
environment of the project.
21080.2. In the case of a project described in subdivision (c) of
Section 21065, the determination required by Section 21080.1 shall be
made within 30 days from the date on which an application for a
project has been received and accepted as complete by the lead
agency. This period may be extended 15 days upon the consent of the
lead agency and the project applicant.
21080.3. (a) Prior to determining whether a negative declaration or
environmental impact report is required for a project, the lead
agency shall consult with all responsible agencies and trustee
agencies. Prior to that required consultation, the lead agency may
informally contact any of those agencies.
(b) In order to expedite the requirements of subdivision (a), the
Office of Planning and Research, upon request of a lead agency, shall
assist the lead agency in determining the various responsible
agencies and trustee agencies, for a proposed project. In the case of
a project described in subdivision (c) of Section 21065, the request
may also be made by the project applicant.
21080.4. (a) If a lead agency determines that an environmental
impact report is required for a project, the lead agency shall
immediately send notice of that determination by certified mail or an
equivalent procedure to each responsible agency, the Office of
Planning and Research, and those public agencies having jurisdiction
by law over natural resources affected by the project that are held
in trust for the people of the State of California. Upon receipt of
the notice, each responsible agency, the office, and each public
agency having jurisdiction by law over natural resources affected by
the project that are held in trust for the people of the State of
California shall specify to the lead agency the scope and content of
the environmental information that is germane to the statutory
responsibilities of that responsible agency, the office, or the
public agency in connection with the proposed project and which,
pursuant to the requirements of this division, shall be included in
the environmental impact report. The information shall be specified
in writing and shall be communicated to the lead agency by certified
mail or equivalent procedure not later than 30 days after the date of
receipt of the notice of the lead agency's determination. The lead
agency shall request similar guidance from appropriate federal
agencies.
(b) To expedite the requirements of subdivision (a), the lead
agency, any responsible agency, the Office of Planning and Research,
or a public agency having jurisdiction by law over natural resources
affected by the project that are held in trust for the people of the
State of California, may request one or more meetings between
representatives of those agencies and the office for the purpose of
assisting the lead agency to determine the scope and content of the
environmental information that any of those responsible agencies, the
office, or the public agencies may require. In the case of a project
described in subdivision (c) of Section 21065, the request may also
be made by the project applicant. The meetings shall be convened by
the lead agency as soon as possible, but not later than 30 days after
the date that the meeting was requested.
(c) To expedite the requirements of subdivision (a), the Office of
Planning and Research, upon request of a lead agency, shall assist
the lead agency in determining the various responsible agencies,
public agencies having jurisdiction by law over natural resources
affected by the project that are held in trust for the people of the
State of California, and any federal agencies that have
responsibility for carrying out or approving a proposed project. In
the 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 with
respect to any state agency that is a responsible agency or a public
agency having jurisdiction by law over natural resources affected by
the project that are held in trust for the people of the State of
California, subject to the requirements of subdivision (a), the
Office of Planning and Research shall ensure that the information
required by subdivision (a) is transmitted to the lead agency, and
that affected agencies are notified regarding meetings to be held
upon request pursuant to subdivision (b), within the required time
period.
21080.5. (a) Except as provided in Section 21158.1, when the
regulatory program of a state agency requires a plan or other written
documentation containing environmental information and complying
with paragraph (3) of subdivision (d) to be submitted in support of
an activity listed in subdivision (b), the plan or other written
documentation may be submitted in lieu of the environmental impact
report required by this division if the Secretary of the Resources
Agency has certified the regulatory program pursuant to this section.
(b) This section applies only to regulatory programs or portions
thereof 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, or
plans for use in the regulatory program.
(c) A regulatory program certified pursuant to this section is
exempt from Chapter 3 (commencing with Section 21100), Chapter 4
(commencing with Section 21150), and Section 21167, except as
provided in Article 2 (commencing with Section 21157) of Chapter 4.5.
(d) To qualify for certification pursuant to this section, a
regulatory program shall require the utilization of an
interdisciplinary approach that will ensure the integrated use of the
natural and social sciences in decisionmaking and that shall meet
all of the following criteria:
(1) The enabling legislation of the regulatory program does both
of the following:
(A) Includes protection of the environment among its principal
purposes.
(B) Contains authority for the administering agency to adopt rules
and regulations for the protection of the environment, guided by
standards set forth in the enabling legislation.
(2) The rules and regulations adopted by the administering agency
for the regulatory program do all of the following:
(A) Require that an activity will not be approved or adopted as
proposed if there are feasible alternatives or feasible mitigation
measures available that would substantially lessen a significant
adverse effect that the activity may have on the environment.
(B) Include guidelines for the orderly evaluation of proposed
activities and the preparation of the plan or other written
documentation in a manner consistent with the environmental
protection purposes of the regulatory program.
(C) Require the administering agency to consult with all public
agencies that have jurisdiction, by law, with respect to the proposed
activity.
(D) Require that final action on the proposed activity include the
written responses of the issuing authority to significant
environmental points raised during the evaluation process.
(E) Require the filing of a notice of the decision by the
administering agency on the proposed activity with the Secretary of
the Resources Agency. Those notices shall be available for public
inspection, and a list of the notices shall be posted on a weekly
basis in the Office of the Resources Agency. Each list shall remain
posted for a period of 30 days.
(F) Require notice of the filing of the plan or other written
documentation to be made to the public and to a person who requests,
in writing, notification. The notification shall be made in a manner
that will provide the public or a person requesting notification with
sufficient time to review and comment on the filing.
(3) The plan or other written documentation required by the
regulatory program does both of the following:
(A) Includes a description of the proposed activity with
alternatives to the activity, and mitigation measures to minimize any
significant adverse effect on the environment of the activity.
(B) Is available for a reasonable time for review and comment by
other public agencies and the general public.
(e) (1) The Secretary of the Resources Agency shall certify a
regulatory program that the secretary determines meets all the
qualifications for certification set forth in this section, and
withdraw certification on determination that the regulatory program
has been altered so that it no longer meets those qualifications.
Certification and withdrawal of certification shall occur only after
compliance with Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2 of the Government Code.
(2) In determining whether or not a regulatory program meets the
qualifications for certification set forth in this section, the
inquiry of the secretary shall extend only to the question of whether
the regulatory program meets the generic requirements of subdivision
(d). The inquiry may not extend to individual decisions to be
reached under the regulatory program, including the nature of
specific alternatives or mitigation measures that might be proposed
to lessen any significant adverse effect on the environment of the
activity.
(3) If the secretary determines that the regulatory program
submitted for certification does not meet the qualifications for
certification set forth in this section, the secretary shall adopt
findings setting forth the reasons for the determination.
(f) After a regulatory program has been certified pursuant to this
section, a proposed change in the program that could affect
compliance with the qualifications for certification specified in
subdivision (d) may be submitted to the Secretary of the Resources
Agency for review and comment. The scope of the secretary's review
shall extend only to the question of whether the regulatory program
meets the generic requirements of subdivision (d). The review may not
extend to individual decisions to be reached under the regulatory
program, including specific alternatives or mitigation measures that
might be proposed to lessen any significant adverse effect on the
environment of the activity. The secretary shall have 30 days from
the date of receipt of the proposed change to notify the state agency
whether the proposed change will alter the regulatory program so
that it no longer meets the qualification for certification
established in this section and will result in a withdrawal of
certification as provided in this section.
(g) An action or proceeding to attack, review, set aside, void, or
annul a determination or decision of a state agency approving or
adopting a proposed activity under a regulatory program that has been
certified pursuant to this section on the basis that the plan or
other written documentation prepared pursuant to paragraph (3) of
subdivision (d) does not comply with this section shall be commenced
not later than 30 days from the date of the filing of notice of the
approval 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 Resources
Agency to certify a regulatory program pursuant to this section on
the basis that the regulatory program does not comply with this
section shall be commenced within 30 days from the date of
certification by the secretary.
(2) In an action brought pursuant to paragraph (1), the inquiry
shall extend only to whether there was a prejudicial abuse of
discretion by the secretary. Abuse of discretion is established if
the secretary has not proceeded in a manner required by law or if the
determination is not supported by substantial evidence.
(i) For purposes of this section, a county agricultural
commissioner is a state agency.
(j) For purposes of this section, an air quality management
district or air pollution control district is a state agency, except
that the approval, if any, by a district of a nonattainment area plan
is subject to this section only if, and to the extent that, the
approval adopts or amends rules or regulations.
(k) (1) The secretary, by July 1, 2004, shall develop a protocol
for reviewing the prospective application of certified regulatory
programs to evaluate the consistency of those programs with the
requirements of this division. Following the completion of the
development of the protocol, the secretary shall provide a report to
the Senate Committee on Environmental Quality and the Assembly
Committee on Natural Resources regarding the need for a grant of
additional statutory authority authorizing the secretary to undertake
a review of the certified regulatory programs.
(2) The secretary shall provide a significant opportunity for
public participation in developing the protocol described in
paragraph (1) including, but not limited to, at least two public
meetings with interested parties. A notice of each meeting shall be
provided at least 10 days prior to the meeting to a person who files
a written request for a notice with the agency.
21080.8. This division does not apply to the conversion of an
existing rental mobilehome park to a resident initiated subdivision,
cooperative, or condominium for mobilehomes if the conversion will
not result in an expansion of or change in existing use of the
property.
21080.9. This division shall not apply to activities and approvals
by any local government, as defined in Section 30109, or any state
university or college, as defined in Section 30119, as necessary for
the preparation and adoption of a local coastal program or long-range
land use development plan pursuant to Division 20 (commencing with
Section 30000); provided, however, that certification of a local
coastal program or long-range land use development plan by the
California Coastal Commission pursuant to Chapter 6 (commencing with
Section 30500) of Division 20 shall be subject to the requirements of
this division. For the purpose of Section 21080.5, a certified local
coastal program or long-range land use development plan constitutes
a plan for use in the California Coastal Commission's regulatory
program.
21080.10. This division does not apply to any of the following:
(a) An extension of time, granted pursuant to Section 65361 of the
Government Code, for the preparation and adoption of one or more
elements of a city or county general plan.
(b) Actions taken by the Department of Housing and Community
Development or the California Housing Finance Agency to provide
financial assistance or insurance for the development and
construction of residential housing for persons and families of low
or moderate income, as defined in Section 50093 of the Health and
Safety Code, if the project that is the subject of the application
for financial assistance or insurance will be reviewed pursuant to
this division by another public agency.
21080.11. This division shall not apply to settlements of title and
boundary problems by the State Lands Commission and to exchanges or
leases in connection with those settlements.
21080.12. (a) This division does not apply to the repair of
critical levees of the State Plan for Flood Control specified
pursuant to Section 8361 of the Water Code within an existing levee
footprint to meet standards of public health and safety funded
pursuant to Section 5096.821, except as otherwise provided in Section
15300.2 of Title 14 of the California Code of Regulations.
(b) For purposes of undertaking urgent levee repairs, the lead
agency shall do all of the following:
(1) Conduct outreach efforts in the vicinity of the project to
ensure public awareness of the proposed repair work prior to approval
of the project.
(2) To the extent feasible, comply with standard construction
practices, including, but not limited to, any rules, guidelines, or
regulations adopted by the applicable air district for construction
equipment and for control of particulate matter emissions.
(3) To the extent feasible, use equipment powered by emulsified
diesel fuel, electricity, natural gas, or ultralow sulfur diesel as
an 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, that
is enacted before July 1, 2016, deletes or extends that date.
21080.13. This division shall not apply to any railroad grade
separation project which eliminates an existing grade crossing or
which reconstructs an existing grade separation.
21080.17. This division does not apply to the adoption of an
ordinance by a city or county to implement the provisions of Section
65852.1 or Section 65852.2 of the Government Code.
21080.18. This division does not apply to the closing of any public
school in which kindergarten or any of grades 1 through 12 is
maintained or the transfer of students from that public school to
another school if the only physical changes involved are
categorically 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 restriping
of streets or highways to relieve traffic congestion.
21080.21. This division does not apply to any project of less than
one mile in length within a public street or highway or any other
public right-of-way for the installation of a new pipeline or the
maintenance, repair, restoration, reconditioning, relocation,
replacement, removal, or demolition of an existing pipeline. For
purposes of this section, "pipeline" includes subsurface facilities
but does not include any surface facility related to the operation of
the underground facility.
21080.22. (a) This division does not apply to activities and
approvals by a local government necessary for the preparation of
general plan amendments pursuant to Section 29763, except that the
approval of general plan amendments by the Delta Protection
Commission is subject to the requirements of this division.
(b) For purposes of Section 21080.5, a general plan amendment is a
plan required by the regulatory program of the Delta Protection
Commission.
21080.23. (a) This division does not apply to any project which
consists of the inspection, maintenance, repair, restoration,
reconditioning, relocation, replacement, or removal of an existing
pipeline, as defined in subdivision (a) of Section 51010.5 of the
Government Code, or any valve, flange, meter, or other piece of
equipment that is directly attached to the pipeline, if the project
meets all of the following conditions:
(1) (A) The project is less than eight miles in length.
(B) Notwithstanding subparagraph (A), actual construction and
excavation activities undertaken to achieve the maintenance, repair,
restoration, reconditioning, relocation, replacement, or removal of
an existing pipeline are not undertaken over a length of more than
one-half mile at any one time.
(2) The project consists of a section of pipeline that is not less
than eight miles from any section of pipeline that has been subject
to an exemption pursuant to this section in the past 12 months.
(3) The project is not solely for the purpose of excavating soil
that is contaminated by hazardous materials, and, to the extent not
otherwise expressly required by law, the party undertaking the
project immediately informs the lead agency of the discovery of
contaminated soil.
(4) To the extent not otherwise expressly required by law, the
person undertaking the project has, in advance of undertaking the
project, prepared a plan that will result in notification of the
appropriate agencies so that they may take action, if determined to
be necessary, to provide for the emergency evacuation of members of
the public who may be located in close proximity to the project.
(5) Project activities are undertaken within an existing
right-of-way and the right-of-way is restored to its condition prior
to the project.
(6) The project applicant agrees to comply with all conditions
otherwise authorized by law, imposed by the city or county planning
department as part of any local agency permit process, that are
required to mitigate potential impacts of the proposed project, and
to otherwise comply with the Keene-Nejedly California Wetlands
Preservation Act (Chapter 7 (commencing with Section 5810) of
Division 5), the California Endangered Species Act (Chapter 1.5
(commencing with Section 2050) of Division 3 of the Fish and Game
Code), and other applicable state laws, and with all applicable
federal 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, but
not limited to, any public agency having permit, land use,
environmental, public health protection, or emergency response
authority of the exemption of the project from this division by
subdivision (a).
(2) Provide notice to the public in the affected area in a manner
consistent 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 to
the property.
(4) Comply with all conditions otherwise authorized by law,
imposed by the city or county planning department as part of any
local agency permit process, that are required to mitigate potential
impacts of the proposed project, and otherwise comply with the
Keene-Nejedly California Wetlands Preservation Act (Chapter 7
(commencing with Section 5810) of Division 5), the California
Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of
Division 3 of the Fish and Game Code), and other applicable state
laws, and with all applicable federal laws.
(c) Prior to January 1, 1999, this section shall not apply to ARCO
Pipeline Company's crude oil pipelines designated as Crude Oil Line
1, 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" also
means a pipeline located in Fresno, Kern, Kings, or Tulare County,
that is used to transport biogas, and meeting the requirements of
Section 21080.23 and all local, state, and federal laws.
(b) For purposes of this section, "biogas" means natural gas that
meets the requirements of Section 2292.5 of Title 13 of the
California Code of Regulations and is derived from anaerobic
digestion 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 enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date.
21080.24. (a) This division does not apply to the issuance,
modification, amendment, or renewal of a permit by an air pollution
control district or air quality management district pursuant to Title
V, as defined in Section 39053.3 of the Health and Safety Code, or
pursuant to a district Title V program established pursuant to
Sections 42301.10, 42301.11, and 42301.12 of the Health and Safety
Code, unless the issuance, modification, amendment, or renewal
authorizes a physical or operational change to a source or facility.
(b) Nothing in this section is intended to result in the
application of this division to a physical or operational change
that, prior to January 1, 1995, was not subject to this division.
21080.26. This division does not apply to minor alterations to
utilities made for the purposes of complying with Sections 4026.7 and
4026.8 of the Health and Safety Code or regulations adopted
thereunder.
21080.29. (a) A project located in Los Angeles County that is
approved by a public agency before the effective date of the act
adding this section is not in violation of any requirement of this
division by reason of the failure to construct a roadway across the
property transferred to the state pursuant to subdivision (c) and to
construct a bridge over the adjacent Ballona Channel in Los Angeles
County, otherwise required as a mitigation measure pursuant to this
division, if all of the following conditions apply:
(1) The improvements specified in this subdivision are not
constructed, due in whole or in part, to the project owner's or
developer's relinquishment of easement rights to construct those
improvements.
(2) The easement rights in paragraph (1) are relinquished in
connection with the State of California, acting by and through the
Wildlife Conservation Board of the Department of Fish and Game,
acquiring a wetlands project that is a minimum of 400 acres in size
and located within the coastal zone.
(b) Where those easement rights have been relinquished, any
municipal ordinance or regulation adopted by a charter city or a
general law city shall be inapplicable to the extent that the
ordinance or regulation requires construction of the transportation
improvements specified in subdivision (a), or would otherwise require
reprocessing or resubmittal of a permit or approval, including, but
not limited to, a final recorded map, a vesting tentative map, or a
tentative map, as a result of the transportation improvements
specified in subdivision (a) not being constructed.
(c) (1) If the Wildlife Conservation Board of the Department of
Fish and Game acquires property within the coastal zone that is a
minimum of 400 acres in size pursuant to a purchase and sale
agreement with Playa Capital Company, LLC, the Controller shall
direct the trustee under the Amendment to Declaration of Trust
entered into on or about December 11, 1984, by First Nationwide
Savings, as trustee, Summa Corporation, as trustor, and the
Controller, as beneficiary, known as the HRH Inheritance Tax Security
Trust, to convey title to the trust estate of the trust, including
real property commonly known as Playa Vista Area C, to the State of
California acting by and through the Wildlife Conservation Board of
the Department of Fish and Game for conservation, restoration, or
recreation purposes only, with the right to transfer the property for
those uses to any other agency of the State of California.
(2) This subdivision shall constitute the enabling legislation
required by the Amendment to Declaration of Trust to empower the
Controller to direct the trustee to convey title to the trust estate
under the HRH Inheritance Tax Security Trust to the State of
California or an agency thereof.
(3) The conveyance of the trust estate to the Wildlife
Conservation Board pursuant to this subdivision shall supersede any
duty or obligation imposed upon the Controller under the Probate Code
or the Revenue and Taxation Code with respect to the disposition or
application of the net proceeds of the trust estate.
21080.32. (a) This section shall only apply to publicly owned
transit agencies, but shall not apply to any publicly owned transit
agency created pursuant to Section 130050.2 of the Public Utilities
Code.
(b) Except as provided in subdivision (c), and in accordance with
subdivision (d), this division does not apply to actions taken on or
after July 1, 1995, by a publicly owned transit agency to implement
budget reductions caused by the failure of agency revenues to
adequately fund agency programs and facilities.
(c) This section does not apply to any action to reduce or
eliminate a transit service, facility, program, or activity that was
approved or adopted as a mitigation measure in any environmental
document authorized by this division or the National Environmental
Policy Act (42 U.S.C. Sec. 4321 et seq.) or to any state or federal
requirement that is imposed for the protection of the environment.
(d) (1) This section applies only to actions taken after the
publicly owned transit agency has made a finding that there is a
fiscal emergency caused by the failure of agency revenues to
adequately fund agency programs and facilities, and after the
publicly owned transit agency has held a public hearing to consider
those actions. A publicly owned transit agency that has held such a
hearing shall respond within 30 days at a regular public meeting to
suggestions made by the public at the initial public hearing. Those
actions shall be limited to projects defined in subdivision (a) or
(b) of Section 21065 which initiate or increase fees, rates, or
charges charged for any existing public service, program, or
activity; or reduce or eliminate the availability of an existing
publicly owned transit service, facility, program, or activity.
(2) For purposes of this subdivision, "fiscal emergency," when
applied to a publicly owned transit agency, means that the agency is
projected to have negative working capital within one year from the
date that the agency makes the finding that there is a fiscal
emergency pursuant to this section. Working capital shall be
determined by adding together all unrestricted cash, unrestricted
short-term investments, and unrestricted short-term accounts
receivable and then subtracting unrestricted accounts payable.
Employee retirement funds, including Internal Revenue Code Section
457 deferred compensation plans and Section 401(k) plans, health
insurance reserves, bond payment reserves, workers' compensation
reserves, and insurance reserves, shall not be factored into the
formula for working capital.
21080.33. This division does not apply to any emergency project
undertaken, carried out, or approved by a public agency to maintain,
repair, or restore an existing highway, as defined in Section 360 of
the Vehicle Code, except for a highway designated as an official
state scenic highway pursuant to Section 262 of the Streets and
Highways Code, within the existing right-of-way of the highway,
damaged as a result of fire, flood, storm, earthquake, land
subsidence, gradual earth movement, or landslide, within one year of
the damage. This section does not exempt from this division any
project undertaken, carried out, or approved by a public agency to
expand 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 "carrying
out or approving a project" shall include the carrying out or
approval of a plan for a project that expands or enlarges an existing
publicly owned airport by any political subdivision, as described in
Section 21661.6 of the Public Utilities Code.
21080.42. (a) The following transportation projects are exempt from
this division:
(1) U.S. Highway 101 interchange modification, adding southbound
auxiliary lane and southbound mixed flow lane, from Interstate 280 to
Yerba Buena Road, in Santa Clara County.
(2) Construct north and southbound high-occupancy vehicle lanes on
I-805 from I-5 to Carroll Canyon Road, including construction of
north-facing direct access ramps in San Diego County.
(3) State Route 99, Los Molinas rehabilitation and traffic
calming, from Orange Street to Tehama Vine Road, in Tehama County.
(4) State Route 99, Island Park widening project, adding one mixed
flow lane in each direction, from Ashlan Avenue to Grantlund Avenue,
in Fresno County.
(5) State Route 99 median widening, adding one mixed flow lane in
each direction, from State Route 120 west to 0.4 miles north of Arch
Road, in Manteca in San Joaquin County.
(6) State Route 12 pavement rehabilitation and shoulder widening
in San Joaquin County on Bouldin Island.
(7) State Route 91 widening, adding one mixed flow lane in each
direction, from State Route 55 to Weir Canyon Road in Orange County.
(8) U.S. Highway 101 pavement rehabilitation and shoulder widening
in San Luis Obispo County.
(b) An exemption provided pursuant to subdivision (a) shall not
apply to a transportation project if, on or after February 1, 2009, a
lead agency changes the scope of that project from the manner in
which 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 an
environmental impact report has been certified which identifies one
or more significant effects on the environment that would occur if
the project is approved or carried out unless both of the following
occur:
(a) The public agency makes one or more of the following findings
with respect to each significant effect:
(1) Changes or alterations have been required in, or incorporated
into, the project which mitigate or avoid the significant effects on
the environment.
(2) Those changes or alterations are within the responsibility and
jurisdiction of another public agency and have been, or can and
should be, adopted by that other agency.
(3) Specific economic, legal, social, technological, or other
considerations, including considerations for the provision of
employment opportunities for highly trained workers, make infeasible
the mitigation measures or alternatives identified in the
environmental impact report.
(b) With respect to significant effects which were subject to a
finding under paragraph (3) of subdivision (a), the public agency
finds that specific overriding economic, legal, social,
technological, or other benefits of the project outweigh the
significant effects on the environment.
21081.2. (a) Except as provided in subdivision (c), if a
residential project, not exceeding 100 units, with a minimum
residential density of 20 units per acre and within one-half mile of
a transit stop, on an infill site in an urbanized area is in
compliance with the traffic, circulation, and transportation policies
of the general plan, applicable community plan, applicable specific
plan, and applicable ordinances of the city or county with
jurisdiction over the area where the project is located, and the city
or county requires that the mitigation measures approved in a
previously certified project area environmental impact report
applicable to the project be incorporated into the project, the city
or county is not required to comply with subdivision (a) of Section
21081 with respect to the making of any findings regarding the
impacts of the project on traffic at intersections, or on streets,
highways, or freeways.
(b) Nothing in subdivision (a) restricts the authority of a city
or county to adopt feasible mitigation measures with respect to the
impacts of a project on pedestrian and bicycle safety.
(c) Subdivision (a) does not apply in any of the following
circumstances:
(1) The application for a proposed project is made more than five
years after certification of the project area environmental impact
report applicable to the project.
(2) A major change has occurred within the project area after
certification of the project area environmental impact report
applicable to the project.
(3) The project area environmental impact report applicable to the
project was certified with overriding considerations pursuant to
subdivision (b) of Section 21081 to the significant impacts on the
environment 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 order
to qualify pursuant to this section.
(e) Nothing in this section relieves a city or county from the
requirement to analyze the project's effects on traffic at
intersections, or on streets, highways, or freeways, or from making a
determination that the project may have a significant effect on
traffic.
(f) For the purposes of this section, "project area environmental
impact report" means an environmental impact report certified on any
of the following:
(1) A general plan.
(2) A revision or update to the general plan that includes at
least 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 environmental
impact report analyzed the environmental effects of the density of
the proposed project.
(6) A zoning ordinance.
21081.5. In making the findings required by paragraph (3) of
subdivision (a) of Section 21081, the public agency shall base its
findings on substantial evidence in the record.
21081.6. (a) When making the findings required by paragraph (1) of
subdivision (a) of Section 21081 or when adopting a mitigated
negative declaration pursuant to paragraph (2) of subdivision (c) of
Section 21080, the following requirements shall apply:
(1) The public agency shall adopt a reporting or monitoring
program for the changes made to the project or conditions of project
approval, adopted in order to mitigate or avoid significant effects
on the environment. The reporting or monitoring program shall be
designed to ensure compliance during project implementation. For
those changes which have been required or incorporated into the
project at the request of a responsible agency or a public agency
having jurisdiction by law over natural resources affected by the
project, that agency shall, if so requested by the lead agency or a
responsible agency, prepare and submit a proposed reporting or
monitoring program.
(2) The lead agency shall specify the location and custodian of
the documents or other material which constitute the record of
proceedings upon which its decision is based.
(b) A public agency shall provide that measures to mitigate or
avoid significant effects on the environment are fully enforceable
through permit conditions, agreements, or other measures. Conditions
of project approval may be set forth in referenced documents which
address required mitigation measures or, in the case of the adoption
of a plan, policy, regulation, or other public project, by
incorporating the mitigation measures into the plan, policy,
regulation, or project design.
(c) Prior to the close of the public review period for a draft
environmental impact report or mitigated negative declaration, a
responsible agency, or a public agency having jurisdiction over
natural resources affected by the project, shall either submit to the
lead agency complete and detailed performance objectives for
mitigation measures which would address the significant effects on
the environment identified by the responsible agency or agency having
jurisdiction over natural resources affected by the project, or
refer the lead agency to appropriate, readily available guidelines or
reference documents. Any mitigation measures submitted to a lead
agency by a responsible agency or an agency having jurisdiction over
natural resources affected by the project shall be limited to
measures which mitigate impacts to resources which are subject to the
statutory authority of, and definitions applicable to, that agency.
Compliance or noncompliance by a responsible agency or agency having
jurisdiction over natural resources affected by a project with that
requirement shall not limit the authority of the responsible agency
or agency having jurisdiction over natural resources affected by a
project, or the authority of the lead agency, to approve, condition,
or deny projects as provided by this division or any other provision
of law.
21081.7. Transportation information resulting from the reporting or
monitoring program required to be adopted by a public agency
pursuant to Section 21081.6 shall be submitted to the transportation
planning agency in the region where the project is located and to the
Department of Transportation for a project of statewide, regional,
or areawide significance according to criteria developed pursuant to
Section 21083. The transportation planning agency and the Department
of Transportation shall adopt guidelines for the submittal of those
reporting or monitoring programs.
21082. All public agencies shall adopt by ordinance, resolution,
rule, or regulation, objectives, criteria, and procedures for the
evaluation of projects and the preparation of environmental impact
reports and negative declarations pursuant to this division. A school
district, or any other district, whose boundaries are coterminous
with a city, county, or city and county, may utilize the objectives,
criteria, and procedures of the city, county, or city and county, as
may be applicable, in which case, the school district or other
district need not adopt objectives, criteria, and procedures of its
own. The objectives, criteria, and procedures shall be consistent
with the provisions of this division and with the guidelines adopted
by the Secretary of the Resources Agency pursuant to Section 21083.
Such objectives, criteria, and procedures shall be adopted by each
public agency no later than 60 days after the Secretary of the
Resources Agency has adopted guidelines pursuant to Section 21083.
21082.1. (a) Any draft environmental impact report, environmental
impact report, negative declaration, or mitigated negative
declaration prepared pursuant to the requirements of this division
shall be prepared directly by, or under contract to, a public agency.
(b) This section is not intended to prohibit, and shall not be
construed as prohibiting, any person from submitting information or
other comments to the public agency responsible for preparing an
environmental impact report, draft environmental impact report,
negative declaration, or mitigated negative declaration. The
information or other comments may be submitted in any format, shall
be considered by the public agency, and may be included, in whole or
in part, in any report or declaration.
(c) The lead agency shall do all of the following:
(1) Independently review and analyze any report or declaration
required by this division.
(2) Circulate draft documents that reflect its independent
judgment.
(3) As part of the adoption of a negative declaration or a
mitigated negative declaration, or certification of an environmental
impact report, find that the report or declaration reflects the
independent judgment of the lead agency.
(4) Submit a sufficient number of copies of the draft
environmental impact report, proposed negative declaration, or
proposed mitigated negative declaration, and a copy of the report or
declaration in an electronic form as required by the guidelines
adopted pursuant to Section 21083, to the State Clearinghouse for
review 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 respect
to the project.
(C) The proposed project is of sufficient statewide, regional, or
areawide environmental significance as determined pursuant to the
guidelines certified and adopted pursuant to Section 21083.
21082.2. (a) The lead agency shall determine whether a project may
have a significant effect on the environment based on substantial
evidence in light of the whole record.
(b) The existence of public controversy over the environmental
effects of a project shall not require preparation of an
environmental impact report if there is no substantial evidence in
light of the whole record before the lead agency that the project may
have a significant effect on the environment.
(c) Argument, speculation, unsubstantiated opinion or narrative,
evidence which is clearly inaccurate or erroneous, or evidence of
social or economic impacts which do not contribute to, or are not
caused by, physical impacts on the environment, is not substantial
evidence. Substantial evidence shall include facts, reasonable
assumptions predicated upon facts, and expert opinion supported by
facts.
(d) If there is substantial evidence, in light of the whole record
before the lead agency, that a project may have a significant effect
on the environment, an environmental impact report shall be
prepared.
(e) Statements in an environmental impact report and comments with
respect to an environmental impact report shall not be deemed
determinative of whether the project may have a significant effect on
the environment.
21083. (a) The Office of Planning and Research shall prepare and
develop proposed guidelines for the implementation of this division
by public agencies. The guidelines shall include objectives and
criteria for the orderly evaluation of projects and the preparation
of environmental impact reports and negative declarations in a manner
consistent with this division.
(b) The guidelines shall specifically include criteria for public
agencies to follow in determining whether or not a proposed project
may have a "significant effect on the environment." The criteria
shall require a finding that a project may have a "significant effect
on the environment" if one or more of the following conditions
exist:
(1) A proposed project has the potential to degrade the quality of
the environment, curtail the range of the environment, or to achieve
short-term, to the disadvantage of long-term, environmental goals.
(2) The possible effects of a project are individually limited but
cumulatively considerable. As used in this paragraph, "cumulatively
considerable" means that the incremental effects of an individual
project are considerable when viewed in connection with the effects
of past projects, the effects of other current projects, and the
effects of probable future projects.
(3) The environmental effects of a project will cause substantial
adverse effects on human beings, either directly or indirectly.
(c) The guidelines shall include procedures for determining the
lead agency pursuant to Section 21165.
(d) The guidelines shall include criteria for public agencies to
use in determining when a proposed project is of sufficient
statewide, regional, or areawide environmental significance that a
draft environmental impact report, a proposed negative declaration,
or a proposed mitigated negative declaration shall be submitted to
appropriate state agencies, through the State Clearinghouse, for
review and comment prior to completion of the environmental impact
report, negative declaration, or mitigated negative declaration.
(e) The Office of Planning and Research shall develop and prepare
the proposed guidelines as soon as possible and shall transmit them
immediately to the Secretary of the Resources Agency. The Secretary
of the Resources Agency shall certify and adopt the guidelines
pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of
Division 3 of Title 2 of the Government Code, which shall become
effective upon the filing thereof. However, the guidelines shall not
be adopted without compliance with Sections 11346.4, 11346.5, and
11346.8 of the Government Code.
(f) The Office of Planning and Research shall, at least once
every two years, review the guidelines adopted pursuant to this
section and shall recommend proposed changes or amendments to the
Secretary of the Resources Agency. The Secretary of the Resources
Agency shall certify and adopt guidelines, and any amendments
thereto, at least once every two years, pursuant to Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code, which shall become effective upon the filing
thereof. However, guidelines may not be adopted or amended without
compliance with Sections 11346.4, 11346.5, and 11346.8 of the
Government Code.
21083.05. (a) On or before July 1, 2009, the Office of Planning and
Research shall prepare, develop, and transmit to the Resources
Agency guidelines for the mitigation of greenhouse gas emissions or
the effects of greenhouse gas emissions as required by this division,
including, but not limited to, effects associated with
transportation or energy consumption.
(b) On or before January 1, 2010, the Resources Agency shall
certify and adopt guidelines prepared and developed by the Office of
Planning and Research pursuant to subdivision (a).
(c) The Office of Planning and Research and the Resources Agency
shall periodically update the guidelines to incorporate new
information or criteria established by the State Air Resources Board
pursuant to Division 25.5 (commencing with Section 38500) of the
Health 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 adopted
pursuant to Section 21083 in a manner which imposes procedural or
substantive requirements beyond those explicitly stated in this
division or in the state guidelines.
21083.2. (a) As part of the determination made pursuant to Section
21080.1, the lead agency shall determine whether the project may have
a significant effect on archaeological resources. If the lead agency
determines that the project may have a significant effect on unique
archaeological resources, the environmental impact report shall
address the issue of those resources. An environmental impact report,
if otherwise necessary, shall not address the issue of nonunique
archaeological resources. A negative declaration shall be issued with
respect to a project if, but for the issue of nonunique
archaeological resources, the negative declaration would be otherwise
issued.
(b) If it can be demonstrated that a project will cause damage to
a unique archaeological resource, the lead agency may require
reasonable efforts to be made to permit any or all of these resources
to be preserved in place or left in an undisturbed state. Examples
of that treatment, in no order of preference, may include, but are
not limited to, any of the following:
(1) Planning construction to avoid archaeological sites.
(2) Deeding archaeological sites into permanent conservation
easements.
(3) Capping or covering archaeological sites with a layer of soil
before building on the sites.
(4) Planning parks, greenspace, or other open space to incorporate
archaeological sites.
(c) To the extent that unique archaeological resources are not
preserved in place or not left in an undisturbed state, mitigation
measures shall be required as provided in this subdivision. The
project applicant shall provide a guarantee to the lead agency to pay
one-half the estimated cost of mitigating the significant effects of
the project on unique archaeological resources. In determining
payment, the lead agency shall give due consideration to the in-kind
value of project design or expenditures that are intended to permit
any or all archaeological resources or California Native American
culturally significant sites to be preserved in place or left in an
undisturbed state. When a final decision is made to carry out or
approve the project, the lead agency shall, if necessary, reduce the
specified mitigation measures to those which can be funded with the
money guaranteed by the project applicant plus the money voluntarily
guaranteed by any other person or persons for those mitigation
purposes. In order to allow time for interested persons to provide
the funding guarantee referred to in this subdivision, a final
decision to carry out or approve a project shall not occur sooner
than 60 days after completion of the r
21080. (a) Except as otherwise provided in this division, this
division shall apply to discretionary projects proposed to be carried
out or approved by public agencies, including, but not limited to,
the enactment and amendment of zoning ordinances, the issuance of
zoning variances, the issuance of conditional use permits, and the
approval of tentative subdivision maps unless the project is exempt
from this division.
(b) This division does not apply to any of the following
activities:
(1) Ministerial projects proposed to be carried out or approved by
public agencies.
(2) Emergency repairs to public service facilities necessary to
maintain service.
(3) Projects undertaken, carried out, or approved by a public
agency to maintain, repair, restore, demolish, or replace property or
facilities damaged or destroyed as a result of a disaster in a
disaster-stricken area in which a state of emergency has been
proclaimed by the Governor pursuant to Chapter 7 (commencing with
Section 8550) of Division 1 of Title 2 of the Government Code.
(4) Specific actions necessary to prevent or mitigate an
emergency.
(5) Projects which a public agency rejects or disapproves.
(6) Actions undertaken by a public agency relating to any thermal
powerplant 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 of
equipment, fuel, water (except groundwater), steam, or power for a
thermal powerplant, if the powerplant site and related facility will
be the subject of an environmental impact report, negative
declaration, or other document, prepared pursuant to a regulatory
program certified pursuant to Section 21080.5, which will be prepared
by the State Energy Resources Conservation and Development
Commission, by the Public Utilities Commission, or by the city or
county in which the powerplant and related facility would be located
if the environmental impact report, negative declaration, or document
includes the environmental impact, if any, of the action described
in this paragraph.
(7) Activities or approvals necessary to the bidding for, hosting
or staging of, and funding or carrying out of, an Olympic games under
the authority of the International Olympic Committee, except for the
construction of facilities necessary for the Olympic games.
(8) The establishment, modification, structuring, restructuring,
or approval of rates, tolls, fares, or other charges by public
agencies which the public agency finds are for the purpose of (A)
meeting operating expenses, including employee wage rates and fringe
benefits, (B) purchasing or leasing supplies, equipment, or
materials, (C) meeting financial reserve needs and requirements, (D)
obtaining funds for capital projects necessary to maintain service
within existing service areas, or (E) obtaining funds necessary to
maintain those intracity transfers as are authorized by city charter.
The public agency shall incorporate written findings in the record
of any proceeding in which an exemption under this paragraph is
claimed setting forth with specificity the basis for the claim of
exemption.
(9) All classes of projects designated pursuant to Section 21084.
(10) A project for the institution or increase of passenger or
commuter 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 or
commuter service on high-occupancy vehicle lanes already in use,
including the modernization of existing stations and parking
facilities.
(12) Facility extensions not to exceed four miles in length which
are required for the transfer of passengers from or to exclusive
public mass transit guideway or busway public transit services.
(13) A project for the development of a regional transportation
improvement program, the state transportation improvement program, or
a congestion management program prepared pursuant to Section 65089
of the Government Code.
(14) Any project or portion thereof located in another state which
will be subject to environmental impact review pursuant to the
National Environmental Policy Act of 1969 (42 U.S.C. Sec. 4321 et
seq.) or similar state laws of that state. Any emissions or
discharges that would have a significant effect on the environment in
this state are subject to this division.
(15) Projects undertaken by a local agency to implement a rule or
regulation imposed by a state agency, board, or commission under a
certified regulatory program pursuant to Section 21080.5. Any
site-specific effect of the project which was not analyzed as a
significant effect on the environment in the plan or other written
documentation required by Section 21080.5 is subject to this
division.
(16) The selection, credit, and transfer of emission credits by
the South Coast Air Quality Management District pursuant to Section
40440.14 of the Health and Safety Code, until the repeal of that
section on January 1, 2012, or a later date.
(c) If a lead agency determines that a proposed project, not
otherwise exempt from this division, would not have a significant
effect on the environment, the lead agency shall adopt a negative
declaration to that effect. The negative declaration shall be
prepared for the proposed project in either of the following
circumstances:
(1) There is no substantial evidence, in light of the whole record
before the lead agency, that the project may have a significant
effect on the environment.
(2) An initial study identifies potentially significant effects on
the environment, but (A) revisions in the project plans or proposals
made by, or agreed to by, the applicant before the proposed negative
declaration and initial study are released for public review would
avoid the effects or mitigate the effects to a point where clearly no
significant effect on the environment would occur, and (B) there is
no substantial evidence, in light of the whole record before the lead
agency, that the project, as revised, may have a significant effect
on the environment.
(d) If there is substantial evidence, in light of the whole record
before the lead agency, that the project may have a significant
effect on the environment, an environmental impact report shall be
prepared.
(e) (1) For the purposes of this section and this division,
substantial evidence includes fact, a reasonable assumption
predicated upon fact, or expert opinion supported by fact.
(2) Substantial evidence is not argument, speculation,
unsubstantiated opinion or narrative, evidence that is clearly
inaccurate or erroneous, or evidence of social or economic impacts
that do not contribute to, or are not caused by, physical impacts on
the environment.
(f) As a result of the public review process for a mitigated
negative declaration, including administrative decisions and public
hearings, the lead agency may conclude that certain mitigation
measures identified pursuant to paragraph (2) of subdivision (c) are
infeasible or otherwise undesirable. In those circumstances, the lead
agency, prior to approving the project, may delete those mitigation
measures and substitute for them other mitigation measures that the
lead agency finds, after holding a public hearing on the matter, are
equivalent or more effective in mitigating significant effects on the
environment to a less than significant level and that do not cause
any potentially significant effect on the environment. If those new
mitigation measures are made conditions of project approval or are
otherwise made part of the project approval, the deletion of the
former measures and the substitution of the new mitigation measures
shall not constitute an action or circumstance requiring
recirculation of the mitigated negative declaration.
(g) Nothing in this section shall preclude a project applicant or
any other person from challenging, in an administrative or judicial
proceeding, the legality of a condition of project approval imposed
by the lead agency. If, however, any condition of project approval
set aside by either an administrative body or court was necessary to
avoid or lessen the likelihood of the occurrence of a significant
effect on the environment, the lead agency's approval of the negative
declaration and project shall be invalid and a new environmental
review process shall be conducted before the project can be
reapproved, unless the lead agency substitutes a new condition that
the lead agency finds, after holding a public hearing on the matter,
is equivalent to, or more effective in, lessening or avoiding
significant effects on the environment and that does not cause any
potentially significant effect on the environment.
21080.01. This division shall not apply to any activity or approval
necessary for the reopening and operation of the California Men's
Colony West Facility in San Luis Obispo County.
21080.02. This division shall not apply to any activity or approval
necessary for or incidental to planning, design, site acquisition,
construction, operation, or maintenance of the new prison facility at
or in the vicinity of Corcoran in Kings County as authorized by the
act that enacted this section.
21080.03. This division shall not apply to any activity or approval
necessary for or incidental to the location, development,
construction, operation, or maintenance of the prison in the County
of Kings, authorized by Section 9 of Chapter 958 of the Statutes of
1983, 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) of
Section 21080, this division applies to a project for the institution
of passenger rail service on a line paralleling State Highway 29 and
running from Rocktram to Krug in the Napa Valley. With respect to
that project, and for the purposes of this division, the Public
Utilities Commission is the lead agency.
(b) It is the intent of the Legislature in enacting this section
to abrogate the decision of the California Supreme Court "that
Section 21080, subdivision (b)(11), exempts Wine Train's institution
of passenger service on the Rocktram-Krug line from the requirements
of CEQA" in Napa Valley Wine Train, Inc. v. Public Utilities Com., 50
Cal. 3d 370.
(c) Nothing in this section is intended to affect or apply to, or
to confer jurisdiction upon the Public Utilities Commission with
respect to, any other project involving rail service.
21080.05. This division does not apply to a project by a public
agency to lease or purchase the rail right-of-way used for the San
Francisco Peninsula commute service between San Francisco and San
Jose, together with all branch and spur lines, including the
Dumbarton and Vasona lines.
21080.07. This division shall not apply to any activity or approval
necessary for or incidental to planning, design, site acquisition,
construction, operation, or maintenance of the new prison facilities
located 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 following
definitions apply:
(1) "Public higher education" has the same meaning as specified in
Section 66010 of the Education Code.
(2) "Long range development plan" means a physical development and
land use plan to meet the academic and institutional objectives for
a particular campus or medical center of public higher education.
(b) The selection of a location for a particular campus and the
approval of a long range development plan are subject to this
division and require the preparation of an environmental impact
report. Environmental effects relating to changes in enrollment
levels shall be considered for each campus or medical center of
public higher education in the environmental impact report prepared
for the long range development plan for the campus or medical center.
(c) The approval of a project on a particular campus or medical
center of public higher education is subject to this division and may
be addressed, subject to the other provisions of this division, in a
tiered environmental analysis based upon a long range development
plan environmental impact report.
(d) Compliance with this section satisfies the obligations of
public higher education pursuant to this division to consider the
environmental impact of academic and enrollment plans as they affect
campuses or medical centers, provided that any such plans shall
become effective for a campus or medical center only after the
environmental effects of those plans have been analyzed as required
by this division in a long range development plan environmental
impact report or tiered analysis based upon that environmental impact
report for that campus or medical center, and addressed as required
by this division.
21080.1. (a) The lead agency shall be responsible for determining
whether an environmental impact report, a negative declaration, or a
mitigated negative declaration shall be required for any project
which is subject to this division. That determination shall be final
and conclusive on all persons, including responsible agencies, unless
challenged as provided in Section 21167.
(b) In the case of a project described in subdivision (c) of
Section 21065, the lead agency shall, upon the request of a potential
applicant, provide for consultation prior to the filing of the
application regarding the range of actions, potential alternatives,
mitigation measures, and any potential and significant effects on the
environment of the project.
21080.2. In the case of a project described in subdivision (c) of
Section 21065, the determination required by Section 21080.1 shall be
made within 30 days from the date on which an application for a
project has been received and accepted as complete by the lead
agency. This period may be extended 15 days upon the consent of the
lead agency and the project applicant.
21080.3. (a) Prior to determining whether a negative declaration or
environmental impact report is required for a project, the lead
agency shall consult with all responsible agencies and trustee
agencies. Prior to that required consultation, the lead agency may
informally contact any of those agencies.
(b) In order to expedite the requirements of subdivision (a), the
Office of Planning and Research, upon request of a lead agency, shall
assist the lead agency in determining the various responsible
agencies and trustee agencies, for a proposed project. In the case of
a project described in subdivision (c) of Section 21065, the request
may also be made by the project applicant.
21080.4. (a) If a lead agency determines that an environmental
impact report is required for a project, the lead agency shall
immediately send notice of that determination by certified mail or an
equivalent procedure to each responsible agency, the Office of
Planning and Research, and those public agencies having jurisdiction
by law over natural resources affected by the project that are held
in trust for the people of the State of California. Upon receipt of
the notice, each responsible agency, the office, and each public
agency having jurisdiction by law over natural resources affected by
the project that are held in trust for the people of the State of
California shall specify to the lead agency the scope and content of
the environmental information that is germane to the statutory
responsibilities of that responsible agency, the office, or the
public agency in connection with the proposed project and which,
pursuant to the requirements of this division, shall be included in
the environmental impact report. The information shall be specified
in writing and shall be communicated to the lead agency by certified
mail or equivalent procedure not later than 30 days after the date of
receipt of the notice of the lead agency's determination. The lead
agency shall request similar guidance from appropriate federal
agencies.
(b) To expedite the requirements of subdivision (a), the lead
agency, any responsible agency, the Office of Planning and Research,
or a public agency having jurisdiction by law over natural resources
affected by the project that are held in trust for the people of the
State of California, may request one or more meetings between
representatives of those agencies and the office for the purpose of
assisting the lead agency to determine the scope and content of the
environmental information that any of those responsible agencies, the
office, or the public agencies may require. In the case of a project
described in subdivision (c) of Section 21065, the request may also
be made by the project applicant. The meetings shall be convened by
the lead agency as soon as possible, but not later than 30 days after
the date that the meeting was requested.
(c) To expedite the requirements of subdivision (a), the Office of
Planning and Research, upon request of a lead agency, shall assist
the lead agency in determining the various responsible agencies,
public agencies having jurisdiction by law over natural resources
affected by the project that are held in trust for the people of the
State of California, and any federal agencies that have
responsibility for carrying out or approving a proposed project. In
the 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 with
respect to any state agency that is a responsible agency or a public
agency having jurisdiction by law over natural resources affected by
the project that are held in trust for the people of the State of
California, subject to the requirements of subdivision (a), the
Office of Planning and Research shall ensure that the information
required by subdivision (a) is transmitted to the lead agency, and
that affected agencies are notified regarding meetings to be held
upon request pursuant to subdivision (b), within the required time
period.
21080.5. (a) Except as provided in Section 21158.1, when the
regulatory program of a state agency requires a plan or other written
documentation containing environmental information and complying
with paragraph (3) of subdivision (d) to be submitted in support of
an activity listed in subdivision (b), the plan or other written
documentation may be submitted in lieu of the environmental impact
report required by this division if the Secretary of the Resources
Agency has certified the regulatory program pursuant to this section.
(b) This section applies only to regulatory programs or portions
thereof 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, or
plans for use in the regulatory program.
(c) A regulatory program certified pursuant to this section is
exempt from Chapter 3 (commencing with Section 21100), Chapter 4
(commencing with Section 21150), and Section 21167, except as
provided in Article 2 (commencing with Section 21157) of Chapter 4.5.
(d) To qualify for certification pursuant to this section, a
regulatory program shall require the utilization of an
interdisciplinary approach that will ensure the integrated use of the
natural and social sciences in decisionmaking and that shall meet
all of the following criteria:
(1) The enabling legislation of the regulatory program does both
of the following:
(A) Includes protection of the environment among its principal
purposes.
(B) Contains authority for the administering agency to adopt rules
and regulations for the protection of the environment, guided by
standards set forth in the enabling legislation.
(2) The rules and regulations adopted by the administering agency
for the regulatory program do all of the following:
(A) Require that an activity will not be approved or adopted as
proposed if there are feasible alternatives or feasible mitigation
measures available that would substantially lessen a significant
adverse effect that the activity may have on the environment.
(B) Include guidelines for the orderly evaluation of proposed
activities and the preparation of the plan or other written
documentation in a manner consistent with the environmental
protection purposes of the regulatory program.
(C) Require the administering agency to consult with all public
agencies that have jurisdiction, by law, with respect to the proposed
activity.
(D) Require that final action on the proposed activity include the
written responses of the issuing authority to significant
environmental points raised during the evaluation process.
(E) Require the filing of a notice of the decision by the
administering agency on the proposed activity with the Secretary of
the Resources Agency. Those notices shall be available for public
inspection, and a list of the notices shall be posted on a weekly
basis in the Office of the Resources Agency. Each list shall remain
posted for a period of 30 days.
(F) Require notice of the filing of the plan or other written
documentation to be made to the public and to a person who requests,
in writing, notification. The notification shall be made in a manner
that will provide the public or a person requesting notification with
sufficient time to review and comment on the filing.
(3) The plan or other written documentation required by the
regulatory program does both of the following:
(A) Includes a description of the proposed activity with
alternatives to the activity, and mitigation measures to minimize any
significant adverse effect on the environment of the activity.
(B) Is available for a reasonable time for review and comment by
other public agencies and the general public.
(e) (1) The Secretary of the Resources Agency shall certify a
regulatory program that the secretary determines meets all the
qualifications for certification set forth in this section, and
withdraw certification on determination that the regulatory program
has been altered so that it no longer meets those qualifications.
Certification and withdrawal of certification shall occur only after
compliance with Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2 of the Government Code.
(2) In determining whether or not a regulatory program meets the
qualifications for certification set forth in this section, the
inquiry of the secretary shall extend only to the question of whether
the regulatory program meets the generic requirements of subdivision
(d). The inquiry may not extend to individual decisions to be
reached under the regulatory program, including the nature of
specific alternatives or mitigation measures that might be proposed
to lessen any significant adverse effect on the environment of the
activity.
(3) If the secretary determines that the regulatory program
submitted for certification does not meet the qualifications for
certification set forth in this section, the secretary shall adopt
findings setting forth the reasons for the determination.
(f) After a regulatory program has been certified pursuant to this
section, a proposed change in the program that could affect
compliance with the qualifications for certification specified in
subdivision (d) may be submitted to the Secretary of the Resources
Agency for review and comment. The scope of the secretary's review
shall extend only to the question of whether the regulatory program
meets the generic requirements of subdivision (d). The review may not
extend to individual decisions to be reached under the regulatory
program, including specific alternatives or mitigation measures that
might be proposed to lessen any significant adverse effect on the
environment of the activity. The secretary shall have 30 days from
the date of receipt of the proposed change to notify the state agency
whether the proposed change will alter the regulatory program so
that it no longer meets the qualification for certification
established in this section and will result in a withdrawal of
certification as provided in this section.
(g) An action or proceeding to attack, review, set aside, void, or
annul a determination or decision of a state agency approving or
adopting a proposed activity under a regulatory program that has been
certified pursuant to this section on the basis that the plan or
other written documentation prepared pursuant to paragraph (3) of
subdivision (d) does not comply with this section shall be commenced
not later than 30 days from the date of the filing of notice of the
approval 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 Resources
Agency to certify a regulatory program pursuant to this section on
the basis that the regulatory program does not comply with this
section shall be commenced within 30 days from the date of
certification by the secretary.
(2) In an action brought pursuant to paragraph (1), the inquiry
shall extend only to whether there was a prejudicial abuse of
discretion by the secretary. Abuse of discretion is established if
the secretary has not proceeded in a manner required by law or if the
determination is not supported by substantial evidence.
(i) For purposes of this section, a county agricultural
commissioner is a state agency.
(j) For purposes of this section, an air quality management
district or air pollution control district is a state agency, except
that the approval, if any, by a district of a nonattainment area plan
is subject to this section only if, and to the extent that, the
approval adopts or amends rules or regulations.
(k) (1) The secretary, by July 1, 2004, shall develop a protocol
for reviewing the prospective application of certified regulatory
programs to evaluate the consistency of those programs with the
requirements of this division. Following the completion of the
development of the protocol, the secretary shall provide a report to
the Senate Committee on Environmental Quality and the Assembly
Committee on Natural Resources regarding the need for a grant of
additional statutory authority authorizing the secretary to undertake
a review of the certified regulatory programs.
(2) The secretary shall provide a significant opportunity for
public participation in developing the protocol described in
paragraph (1) including, but not limited to, at least two public
meetings with interested parties. A notice of each meeting shall be
provided at least 10 days prior to the meeting to a person who files
a written request for a notice with the agency.
21080.8. This division does not apply to the conversion of an
existing rental mobilehome park to a resident initiated subdivision,
cooperative, or condominium for mobilehomes if the conversion will
not result in an expansion of or change in existing use of the
property.
21080.9. This division shall not apply to activities and approvals
by any local government, as defined in Section 30109, or any state
university or college, as defined in Section 30119, as necessary for
the preparation and adoption of a local coastal program or long-range
land use development plan pursuant to Division 20 (commencing with
Section 30000); provided, however, that certification of a local
coastal program or long-range land use development plan by the
California Coastal Commission pursuant to Chapter 6 (commencing with
Section 30500) of Division 20 shall be subject to the requirements of
this division. For the purpose of Section 21080.5, a certified local
coastal program or long-range land use development plan constitutes
a plan for use in the California Coastal Commission's regulatory
program.
21080.10. This division does not apply to any of the following:
(a) An extension of time, granted pursuant to Section 65361 of the
Government Code, for the preparation and adoption of one or more
elements of a city or county general plan.
(b) Actions taken by the Department of Housing and Community
Development or the California Housing Finance Agency to provide
financial assistance or insurance for the development and
construction of residential housing for persons and families of low
or moderate income, as defined in Section 50093 of the Health and
Safety Code, if the project that is the subject of the application
for financial assistance or insurance will be reviewed pursuant to
this division by another public agency.
21080.11. This division shall not apply to settlements of title and
boundary problems by the State Lands Commission and to exchanges or
leases in connection with those settlements.
21080.12. (a) This division does not apply to the repair of
critical levees of the State Plan for Flood Control specified
pursuant to Section 8361 of the Water Code within an existing levee
footprint to meet standards of public health and safety funded
pursuant to Section 5096.821, except as otherwise provided in Section
15300.2 of Title 14 of the California Code of Regulations.
(b) For purposes of undertaking urgent levee repairs, the lead
agency shall do all of the following:
(1) Conduct outreach efforts in the vicinity of the project to
ensure public awareness of the proposed repair work prior to approval
of the project.
(2) To the extent feasible, comply with standard construction
practices, including, but not limited to, any rules, guidelines, or
regulations adopted by the applicable air district for construction
equipment and for control of particulate matter emissions.
(3) To the extent feasible, use equipment powered by emulsified
diesel fuel, electricity, natural gas, or ultralow sulfur diesel as
an 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, that
is enacted before July 1, 2016, deletes or extends that date.
21080.13. This division shall not apply to any railroad grade
separation project which eliminates an existing grade crossing or
which reconstructs an existing grade separation.
21080.17. This division does not apply to the adoption of an
ordinance by a city or county to implement the provisions of Section
65852.1 or Section 65852.2 of the Government Code.
21080.18. This division does not apply to the closing of any public
school in which kindergarten or any of grades 1 through 12 is
maintained or the transfer of students from that public school to
another school if the only physical changes involved are
categorically 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 restriping
of streets or highways to relieve traffic congestion.
21080.21. This division does not apply to any project of less than
one mile in length within a public street or highway or any other
public right-of-way for the installation of a new pipeline or the
maintenance, repair, restoration, reconditioning, relocation,
replacement, removal, or demolition of an existing pipeline. For
purposes of this section, "pipeline" includes subsurface facilities
but does not include any surface facility related to the operation of
the underground facility.
21080.22. (a) This division does not apply to activities and
approvals by a local government necessary for the preparation of
general plan amendments pursuant to Section 29763, except that the
approval of general plan amendments by the Delta Protection
Commission is subject to the requirements of this division.
(b) For purposes of Section 21080.5, a general plan amendment is a
plan required by the regulatory program of the Delta Protection
Commission.
21080.23. (a) This division does not apply to any project which
consists of the inspection, maintenance, repair, restoration,
reconditioning, relocation, replacement, or removal of an existing
pipeline, as defined in subdivision (a) of Section 51010.5 of the
Government Code, or any valve, flange, meter, or other piece of
equipment that is directly attached to the pipeline, if the project
meets all of the following conditions:
(1) (A) The project is less than eight miles in length.
(B) Notwithstanding subparagraph (A), actual construction and
excavation activities undertaken to achieve the maintenance, repair,
restoration, reconditioning, relocation, replacement, or removal of
an existing pipeline are not undertaken over a length of more than
one-half mile at any one time.
(2) The project consists of a section of pipeline that is not less
than eight miles from any section of pipeline that has been subject
to an exemption pursuant to this section in the past 12 months.
(3) The project is not solely for the purpose of excavating soil
that is contaminated by hazardous materials, and, to the extent not
otherwise expressly required by law, the party undertaking the
project immediately informs the lead agency of the discovery of
contaminated soil.
(4) To the extent not otherwise expressly required by law, the
person undertaking the project has, in advance of undertaking the
project, prepared a plan that will result in notification of the
appropriate agencies so that they may take action, if determined to
be necessary, to provide for the emergency evacuation of members of
the public who may be located in close proximity to the project.
(5) Project activities are undertaken within an existing
right-of-way and the right-of-way is restored to its condition prior
to the project.
(6) The project applicant agrees to comply with all conditions
otherwise authorized by law, imposed by the city or county planning
department as part of any local agency permit process, that are
required to mitigate potential impacts of the proposed project, and
to otherwise comply with the Keene-Nejedly California Wetlands
Preservation Act (Chapter 7 (commencing with Section 5810) of
Division 5), the California Endangered Species Act (Chapter 1.5
(commencing with Section 2050) of Division 3 of the Fish and Game
Code), and other applicable state laws, and with all applicable
federal 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, but
not limited to, any public agency having permit, land use,
environmental, public health protection, or emergency response
authority of the exemption of the project from this division by
subdivision (a).
(2) Provide notice to the public in the affected area in a manner
consistent 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 to
the property.
(4) Comply with all conditions otherwise authorized by law,
imposed by the city or county planning department as part of any
local agency permit process, that are required to mitigate potential
impacts of the proposed project, and otherwise comply with the
Keene-Nejedly California Wetlands Preservation Act (Chapter 7
(commencing with Section 5810) of Division 5), the California
Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of
Division 3 of the Fish and Game Code), and other applicable state
laws, and with all applicable federal laws.
(c) Prior to January 1, 1999, this section shall not apply to ARCO
Pipeline Company's crude oil pipelines designated as Crude Oil Line
1, 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" also
means a pipeline located in Fresno, Kern, Kings, or Tulare County,
that is used to transport biogas, and meeting the requirements of
Section 21080.23 and all local, state, and federal laws.
(b) For purposes of this section, "biogas" means natural gas that
meets the requirements of Section 2292.5 of Title 13 of the
California Code of Regulations and is derived from anaerobic
digestion 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 enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date.
21080.24. (a) This division does not apply to the issuance,
modification, amendment, or renewal of a permit by an air pollution
control district or air quality management district pursuant to Title
V, as defined in Section 39053.3 of the Health and Safety Code, or
pursuant to a district Title V program established pursuant to
Sections 42301.10, 42301.11, and 42301.12 of the Health and Safety
Code, unless the issuance, modification, amendment, or renewal
authorizes a physical or operational change to a source or facility.
(b) Nothing in this section is intended to result in the
application of this division to a physical or operational change
that, prior to January 1, 1995, was not subject to this division.
21080.26. This division does not apply to minor alterations to
utilities made for the purposes of complying with Sections 4026.7 and
4026.8 of the Health and Safety Code or regulations adopted
thereunder.
21080.29. (a) A project located in Los Angeles County that is
approved by a public agency before the effective date of the act
adding this section is not in violation of any requirement of this
division by reason of the failure to construct a roadway across the
property transferred to the state pursuant to subdivision (c) and to
construct a bridge over the adjacent Ballona Channel in Los Angeles
County, otherwise required as a mitigation measure pursuant to this
division, if all of the following conditions apply:
(1) The improvements specified in this subdivision are not
constructed, due in whole or in part, to the project owner's or
developer's relinquishment of easement rights to construct those
improvements.
(2) The easement rights in paragraph (1) are relinquished in
connection with the State of California, acting by and through the
Wildlife Conservation Board of the Department of Fish and Game,
acquiring a wetlands project that is a minimum of 400 acres in size
and located within the coastal zone.
(b) Where those easement rights have been relinquished, any
municipal ordinance or regulation adopted by a charter city or a
general law city shall be inapplicable to the extent that the
ordinance or regulation requires construction of the transportation
improvements specified in subdivision (a), or would otherwise require
reprocessing or resubmittal of a permit or approval, including, but
not limited to, a final recorded map, a vesting tentative map, or a
tentative map, as a result of the transportation improvements
specified in subdivision (a) not being constructed.
(c) (1) If the Wildlife Conservation Board of the Department of
Fish and Game acquires property within the coastal zone that is a
minimum of 400 acres in size pursuant to a purchase and sale
agreement with Playa Capital Company, LLC, the Controller shall
direct the trustee under the Amendment to Declaration of Trust
entered into on or about December 11, 1984, by First Nationwide
Savings, as trustee, Summa Corporation, as trustor, and the
Controller, as beneficiary, known as the HRH Inheritance Tax Security
Trust, to convey title to the trust estate of the trust, including
real property commonly known as Playa Vista Area C, to the State of
California acting by and through the Wildlife Conservation Board of
the Department of Fish and Game for conservation, restoration, or
recreation purposes only, with the right to transfer the property for
those uses to any other agency of the State of California.
(2) This subdivision shall constitute the enabling legislation
required by the Amendment to Declaration of Trust to empower the
Controller to direct the trustee to convey title to the trust estate
under the HRH Inheritance Tax Security Trust to the State of
California or an agency thereof.
(3) The conveyance of the trust estate to the Wildlife
Conservation Board pursuant to this subdivision shall supersede any
duty or obligation imposed upon the Controller under the Probate Code
or the Revenue and Taxation Code with respect to the disposition or
application of the net proceeds of the trust estate.
21080.32. (a) This section shall only apply to publicly owned
transit agencies, but shall not apply to any publicly owned transit
agency created pursuant to Section 130050.2 of the Public Utilities
Code.
(b) Except as provided in subdivision (c), and in accordance with
subdivision (d), this division does not apply to actions taken on or
after July 1, 1995, by a publicly owned transit agency to implement
budget reductions caused by the failure of agency revenues to
adequately fund agency programs and facilities.
(c) This section does not apply to any action to reduce or
eliminate a transit service, facility, program, or activity that was
approved or adopted as a mitigation measure in any environmental
document authorized by this division or the National Environmental
Policy Act (42 U.S.C. Sec. 4321 et seq.) or to any state or federal
requirement that is imposed for the protection of the environment.
(d) (1) This section applies only to actions taken after the
publicly owned transit agency has made a finding that there is a
fiscal emergency caused by the failure of agency revenues to
adequately fund agency programs and facilities, and after the
publicly owned transit agency has held a public hearing to consider
those actions. A publicly owned transit agency that has held such a
hearing shall respond within 30 days at a regular public meeting to
suggestions made by the public at the initial public hearing. Those
actions shall be limited to projects defined in subdivision (a) or
(b) of Section 21065 which initiate or increase fees, rates, or
charges charged for any existing public service, program, or
activity; or reduce or eliminate the availability of an existing
publicly owned transit service, facility, program, or activity.
(2) For purposes of this subdivision, "fiscal emergency," when
applied to a publicly owned transit agency, means that the agency is
projected to have negative working capital within one year from the
date that the agency makes the finding that there is a fiscal
emergency pursuant to this section. Working capital shall be
determined by adding together all unrestricted cash, unrestricted
short-term investments, and unrestricted short-term accounts
receivable and then subtracting unrestricted accounts payable.
Employee retirement funds, including Internal Revenue Code Section
457 deferred compensation plans and Section 401(k) plans, health
insurance reserves, bond payment reserves, workers' compensation
reserves, and insurance reserves, shall not be factored into the
formula for working capital.
21080.33. This division does not apply to any emergency project
undertaken, carried out, or approved by a public agency to maintain,
repair, or restore an existing highway, as defined in Section 360 of
the Vehicle Code, except for a highway designated as an official
state scenic highway pursuant to Section 262 of the Streets and
Highways Code, within the existing right-of-way of the highway,
damaged as a result of fire, flood, storm, earthquake, land
subsidence, gradual earth movement, or landslide, within one year of
the damage. This section does not exempt from this division any
project undertaken, carried out, or approved by a public agency to
expand 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 "carrying
out or approving a project" shall include the carrying out or
approval of a plan for a project that expands or enlarges an existing
publicly owned airport by any political subdivision, as described in
Section 21661.6 of the Public Utilities Code.
21080.42. (a) The following transportation projects are exempt from
this division:
(1) U.S. Highway 101 interchange modification, adding southbound
auxiliary lane and southbound mixed flow lane, from Interstate 280 to
Yerba Buena Road, in Santa Clara County.
(2) Construct north and southbound high-occupancy vehicle lanes on
I-805 from I-5 to Carroll Canyon Road, including construction of
north-facing direct access ramps in San Diego County.
(3) State Route 99, Los Molinas rehabilitation and traffic
calming, from Orange Street to Tehama Vine Road, in Tehama County.
(4) State Route 99, Island Park widening project, adding one mixed
flow lane in each direction, from Ashlan Avenue to Grantlund Avenue,
in Fresno County.
(5) State Route 99 median widening, adding one mixed flow lane in
each direction, from State Route 120 west to 0.4 miles north of Arch
Road, in Manteca in San Joaquin County.
(6) State Route 12 pavement rehabilitation and shoulder widening
in San Joaquin County on Bouldin Island.
(7) State Route 91 widening, adding one mixed flow lane in each
direction, from State Route 55 to Weir Canyon Road in Orange County.
(8) U.S. Highway 101 pavement rehabilitation and shoulder widening
in San Luis Obispo County.
(b) An exemption provided pursuant to subdivision (a) shall not
apply to a transportation project if, on or after February 1, 2009, a
lead agency changes the scope of that project from the manner in
which 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 an
environmental impact report has been certified which identifies one
or more significant effects on the environment that would occur if
the project is approved or carried out unless both of the following
occur:
(a) The public agency makes one or more of the following findings
with respect to each significant effect:
(1) Changes or alterations have been required in, or incorporated
into, the project which mitigate or avoid the significant effects on
the environment.
(2) Those changes or alterations are within the responsibility and
jurisdiction of another public agency and have been, or can and
should be, adopted by that other agency.
(3) Specific economic, legal, social, technological, or other
considerations, including considerations for the provision of
employment opportunities for highly trained workers, make infeasible
the mitigation measures or alternatives identified in the
environmental impact report.
(b) With respect to significant effects which were subject to a
finding under paragraph (3) of subdivision (a), the public agency
finds that specific overriding economic, legal, social,
technological, or other benefits of the project outweigh the
significant effects on the environment.
21081.2. (a) Except as provided in subdivision (c), if a
residential project, not exceeding 100 units, with a minimum
residential density of 20 units per acre and within one-half mile of
a transit stop, on an infill site in an urbanized area is in
compliance with the traffic, circulation, and transportation policies
of the general plan, applicable community plan, applicable specific
plan, and applicable ordinances of the city or county with
jurisdiction over the area where the project is located, and the city
or county requires that the mitigation measures approved in a
previously certified project area environmental impact report
applicable to the project be incorporated into the project, the city
or county is not required to comply with subdivision (a) of Section
21081 with respect to the making of any findings regarding the
impacts of the project on traffic at intersections, or on streets,
highways, or freeways.
(b) Nothing in subdivision (a) restricts the authority of a city
or county to adopt feasible mitigation measures with respect to the
impacts of a project on pedestrian and bicycle safety.
(c) Subdivision (a) does not apply in any of the following
circumstances:
(1) The application for a proposed project is made more than five
years after certification of the project area environmental impact
report applicable to the project.
(2) A major change has occurred within the project area after
certification of the project area environmental impact report
applicable to the project.
(3) The project area environmental impact report applicable to the
project was certified with overriding considerations pursuant to
subdivision (b) of Section 21081 to the significant impacts on the
environment 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 order
to qualify pursuant to this section.
(e) Nothing in this section relieves a city or county from the
requirement to analyze the project's effects on traffic at
intersections, or on streets, highways, or freeways, or from making a
determination that the project may have a significant effect on
traffic.
(f) For the purposes of this section, "project area environmental
impact report" means an environmental impact report certified on any
of the following:
(1) A general plan.
(2) A revision or update to the general plan that includes at
least 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 environmental
impact report analyzed the environmental effects of the density of
the proposed project.
(6) A zoning ordinance.
21081.5. In making the findings required by paragraph (3) of
subdivision (a) of Section 21081, the public agency shall base its
findings on substantial evidence in the record.
21081.6. (a) When making the findings required by paragraph (1) of
subdivision (a) of Section 21081 or when adopting a mitigated
negative declaration pursuant to paragraph (2) of subdivision (c) of
Section 21080, the following requirements shall apply:
(1) The public agency shall adopt a reporting or monitoring
program for the changes made to the project or conditions of project
approval, adopted in order to mitigate or avoid significant effects
on the environment. The reporting or monitoring program shall be
designed to ensure compliance during project implementation. For
those changes which have been required or incorporated into the
project at the request of a responsible agency or a public agency
having jurisdiction by law over natural resources affected by the
project, that agency shall, if so requested by the lead agency or a
responsible agency, prepare and submit a proposed reporting or
monitoring program.
(2) The lead agency shall specify the location and custodian of
the documents or other material which constitute the record of
proceedings upon which its decision is based.
(b) A public agency shall provide that measures to mitigate or
avoid significant effects on the environment are fully enforceable
through permit conditions, agreements, or other measures. Conditions
of project approval may be set forth in referenced documents which
address required mitigation measures or, in the case of the adoption
of a plan, policy, regulation, or other public project, by
incorporating the mitigation measures into the plan, policy,
regulation, or project design.
(c) Prior to the close of the public review period for a draft
environmental impact report or mitigated negative declaration, a
responsible agency, or a public agency having jurisdiction over
natural resources affected by the project, shall either submit to the
lead agency complete and detailed performance objectives for
mitigation measures which would address the significant effects on
the environment identified by the responsible agency or agency having
jurisdiction over natural resources affected by the project, or
refer the lead agency to appropriate, readily available guidelines or
reference documents. Any mitigation measures submitted to a lead
agency by a responsible agency or an agency having jurisdiction over
natural resources affected by the project shall be limited to
measures which mitigate impacts to resources which are subject to the
statutory authority of, and definitions applicable to, that agency.
Compliance or noncompliance by a responsible agency or agency having
jurisdiction over natural resources affected by a project with that
requirement shall not limit the authority of the responsible agency
or agency having jurisdiction over natural resources affected by a
project, or the authority of the lead agency, to approve, condition,
or deny projects as provided by this division or any other provision
of law.
21081.7. Transportation information resulting from the reporting or
monitoring program required to be adopted by a public agency
pursuant to Section 21081.6 shall be submitted to the transportation
planning agency in the region where the project is located and to the
Department of Transportation for a project of statewide, regional,
or areawide significance according to criteria developed pursuant to
Section 21083. The transportation planning agency and the Department
of Transportation shall adopt guidelines for the submittal of those
reporting or monitoring programs.
21082. All public agencies shall adopt by ordinance, resolution,
rule, or regulation, objectives, criteria, and procedures for the
evaluation of projects and the preparation of environmental impact
reports and negative declarations pursuant to this division. A school
district, or any other district, whose boundaries are coterminous
with a city, county, or city and county, may utilize the objectives,
criteria, and procedures of the city, county, or city and county, as
may be applicable, in which case, the school district or other
district need not adopt objectives, criteria, and procedures of its
own. The objectives, criteria, and procedures shall be consistent
with the provisions of this division and with the guidelines adopted
by the Secretary of the Resources Agency pursuant to Section 21083.
Such objectives, criteria, and procedures shall be adopted by each
public agency no later than 60 days after the Secretary of the
Resources Agency has adopted guidelines pursuant to Section 21083.
21082.1. (a) Any draft environmental impact report, environmental
impact report, negative declaration, or mitigated negative
declaration prepared pursuant to the requirements of this division
shall be prepared directly by, or under contract to, a public agency.
(b) This section is not intended to prohibit, and shall not be
construed as prohibiting, any person from submitting information or
other comments to the public agency responsible for preparing an
environmental impact report, draft environmental impact report,
negative declaration, or mitigated negative declaration. The
information or other comments may be submitted in any format, shall
be considered by the public agency, and may be included, in whole or
in part, in any report or declaration.
(c) The lead agency shall do all of the following:
(1) Independently review and analyze any report or declaration
required by this division.
(2) Circulate draft documents that reflect its independent
judgment.
(3) As part of the adoption of a negative declaration or a
mitigated negative declaration, or certification of an environmental
impact report, find that the report or declaration reflects the
independent judgment of the lead agency.
(4) Submit a sufficient number of copies of the draft
environmental impact report, proposed negative declaration, or
proposed mitigated negative declaration, and a copy of the report or
declaration in an electronic form as required by the guidelines
adopted pursuant to Section 21083, to the State Clearinghouse for
review 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 respect
to the project.
(C) The proposed project is of sufficient statewide, regional, or
areawide environmental significance as determined pursuant to the
guidelines certified and adopted pursuant to Section 21083.
21082.2. (a) The lead agency shall determine whether a project may
have a significant effect on the environment based on substantial
evidence in light of the whole record.
(b) The existence of public controversy over the environmental
effects of a project shall not require preparation of an
environmental impact report if there is no substantial evidence in
light of the whole record before the lead agency that the project may
have a significant effect on the environment.
(c) Argument, speculation, unsubstantiated opinion or narrative,
evidence which is clearly inaccurate or erroneous, or evidence of
social or economic impacts which do not contribute to, or are not
caused by, physical impacts on the environment, is not substantial
evidence. Substantial evidence shall include facts, reasonable
assumptions predicated upon facts, and expert opinion supported by
facts.
(d) If there is substantial evidence, in light of the whole record
before the lead agency, that a project may have a significant effect
on the environment, an environmental impact report shall be
prepared.
(e) Statements in an environmental impact report and comments with
respect to an environmental impact report shall not be deemed
determinative of whether the project may have a significant effect on
the environment.
21083. (a) The Office of Planning and Research shall prepare and
develop proposed guidelines for the implementation of this division
by public agencies. The guidelines shall include objectives and
criteria for the orderly evaluation of projects and the preparation
of environmental impact reports and negative declarations in a manner
consistent with this division.
(b) The guidelines shall specifically include criteria for public
agencies to follow in determining whether or not a proposed project
may have a "significant effect on the environment." The criteria
shall require a finding that a project may have a "significant effect
on the environment" if one or more of the following conditions
exist:
(1) A proposed project has the potential to degrade the quality of
the environment, curtail the range of the environment, or to achieve
short-term, to the disadvantage of long-term, environmental goals.
(2) The possible effects of a project are individually limited but
cumulatively considerable. As used in this paragraph, "cumulatively
considerable" means that the incremental effects of an individual
project are considerable when viewed in connection with the effects
of past projects, the effects of other current projects, and the
effects of probable future projects.
(3) The environmental effects of a project will cause substantial
adverse effects on human beings, either directly or indirectly.
(c) The guidelines shall include procedures for determining the
lead agency pursuant to Section 21165.
(d) The guidelines shall include criteria for public agencies to
use in determining when a proposed project is of sufficient
statewide, regional, or areawide environmental significance that a
draft environmental impact report, a proposed negative declaration,
or a proposed mitigated negative declaration shall be submitted to
appropriate state agencies, through the State Clearinghouse, for
review and comment prior to completion of the environmental impact
report, negative declaration, or mitigated negative declaration.
(e) The Office of Planning and Research shall develop and prepare
the proposed guidelines as soon as possible and shall transmit them
immediately to the Secretary of the Resources Agency. The Secretary
of the Resources Agency shall certify and adopt the guidelines
pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of
Division 3 of Title 2 of the Government Code, which shall become
effective upon the filing thereof. However, the guidelines shall not
be adopted without compliance with Sections 11346.4, 11346.5, and
11346.8 of the Government Code.
(f) The Office of Planning and Research shall, at least once
every two years, review the guidelines adopted pursuant to this
section and shall recommend proposed changes or amendments to the
Secretary of the Resources Agency. The Secretary of the Resources
Agency shall certify and adopt guidelines, and any amendments
thereto, at least once every two years, pursuant to Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code, which shall become effective upon the filing
thereof. However, guidelines may not be adopted or amended without
compliance with Sections 11346.4, 11346.5, and 11346.8 of the
Government Code.
21083.05. (a) On or before July 1, 2009, the Office of Planning and
Research shall prepare, develop, and transmit to the Resources
Agency guidelines for the mitigation of greenhouse gas emissions or
the effects of greenhouse gas emissions as required by this division,
including, but not limited to, effects associated with
transportation or energy consumption.
(b) On or before January 1, 2010, the Resources Agency shall
certify and adopt guidelines prepared and developed by the Office of
Planning and Research pursuant to subdivision (a).
(c) The Office of Planning and Research and the Resources Agency
shall periodically update the guidelines to incorporate new
information or criteria established by the State Air Resources Board
pursuant to Division 25.5 (commencing with Section 38500) of the
Health 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 adopted
pursuant to Section 21083 in a manner which imposes procedural or
substantive requirements beyond those explicitly stated in this
division or in the state guidelines.
21083.2. (a) As part of the determination made pursuant to Section
21080.1, the lead agency shall determine whether the project may have
a significant effect on archaeological resources. If the lead agency
determines that the project may have a significant effect on unique
archaeological resources, the environmental impact report shall
address the issue of those resources. An environmental impact report,
if otherwise necessary, shall not address the issue of nonunique
archaeological resources. A negative declaration shall be issued with
respect to a project if, but for the issue of nonunique
archaeological resources, the negative declaration would be otherwise
issued.
(b) If it can be demonstrated that a project will cause damage to
a unique archaeological resource, the lead agency may require
reasonable efforts to be made to permit any or all of these resources
to be preserved in place or left in an undisturbed state. Examples
of that treatment, in no order of preference, may include, but are
not limited to, any of the following:
(1) Planning construction to avoid archaeological sites.
(2) Deeding archaeological sites into permanent conservation
easements.
(3) Capping or covering archaeological sites with a layer of soil
before building on the sites.
(4) Planning parks, greenspace, or other open space to incorporate
archaeological sites.
(c) To the extent that unique archaeological resources are not
preserved in place or not left in an undisturbed state, mitigation
measures shall be required as provided in this subdivision. The
project applicant shall provide a guarantee to the lead agency to pay
one-half the estimated cost of mitigating the significant effects of
the project on unique archaeological resources. In determining
payment, the lead agency shall give due consideration to the in-kind
value of project design or expenditures that are intended to permit
any or all archaeological resources or California Native American
culturally significant sites to be preserved in place or left in an
undisturbed state. When a final decision is made to carry out or
approve the project, the lead agency shall, if necessary, reduce the
specified mitigation measures to those which can be funded with the
money guaranteed by the project applicant plus the money voluntarily
guaranteed by any other person or persons for those mitigation
purposes. In order to allow time for interested persons to provide
the funding guarantee referred to in this subdivision, a final
decision to carry out or approve a project shall not occur sooner
than 60 days after completion of the r
