21150. State agencies, boards, and commissions, responsible for
allocating state or federal funds on a project-by-project basis to
local agencies for any project which may have a significant effect on
the environment, shall require from the responsible local
governmental agency a detailed statement setting forth the matters
specified in Section 21100 prior to the allocation of any funds other
than funds solely for projects involving only feasibility or
planning studies for possible future actions which the agency, board,
or commission has not approved, adopted, or funded.
21151. (a) All local agencies shall prepare, or cause to be
prepared by contract, and certify the completion of, an environmental
impact report on any project that they intend to carry out or
approve which may have a significant effect on the environment. When
a report is required by Section 65402 of the Government Code, the
environmental impact report may be submitted as a part of that
report.
(b) For purposes of this section, any significant effect on the
environment shall be limited to substantial, or potentially
substantial, adverse changes in physical conditions which exist
within the area as defined in Section 21060.5.
(c) If a nonelected decisionmaking body of a local lead agency
certifies an environmental impact report, approves a negative
declaration or mitigated negative declaration, or determines that a
project is not subject to this division, that certification,
approval, or determination may be appealed to the agency's elected
decisionmaking body, if any.
21151.1. (a) Notwithstanding paragraph (6) of subdivision (b) of
Section 21080, or Section 21080.5 or 21084, or any other provision of
law, except as provided in this section, a lead agency shall prepare
or cause to be prepared by contract, and certify the completion of,
an environmental impact report or, if appropriate, a modification,
addendum, or supplement to an existing environmental impact report,
for a project involving any of the following:
(1) (A) The burning of municipal wastes, hazardous waste, or
refuse-derived fuel, including, but not limited to, tires, if the
project is either of the following:
(i) The construction of a new facility.
(ii) The expansion of an existing facility that burns hazardous
waste that would increase its permitted capacity by more than 10
percent.
(B) This paragraph does not apply to a project exclusively burning
hazardous waste, for which a final determination under Section
21080.1 has been made prior to July 14, 1989.
(2) The initial issuance of a hazardous waste facilities permit to
a land disposal facility, as defined in subdivision (d) of Section
25199.1 of the Health and Safety Code.
(3) The initial issuance of a hazardous waste facilities permit
pursuant to Section 25200 of the Health and Safety Code to an offsite
large treatment facility, as defined pursuant to subdivision (d) of
Section 25205.1 of the Health and Safety Code.
(4) A base reuse plan as defined in Section 21083.8.1. The
Legislature hereby finds that no reimbursement is required pursuant
to Section 6 of Article XIII B of the California Constitution for an
environmental impact report for a base reuse plan if an environmental
impact report is otherwise required for that base reuse plan
pursuant to any other provision of this division.
(b) For purposes of clause (ii) of subparagraph (A) of paragraph
(1) of subdivision (a), the amount of expansion of an existing
facility shall be calculated by comparing the proposed facility
capacity with whichever of the following is applicable:
(1) The facility capacity authorized in the facility's hazardous
waste facilities permit pursuant to Section 25200 of the Health and
Safety Code or its grant of interim status pursuant to Section
25200.5 of the Health and Safety Code, or the facility capacity
authorized in a state or local agency permit allowing the
construction or operation of a facility for the burning of hazardous
waste, granted before January 1, 1990.
(2) The facility capacity authorized in the facility's original
hazardous waste facilities permit, grant of interim status, or a
state or local agency permit allowing the construction or operation
of a facility for the burning of hazardous waste, granted on or after
January 1, 1990.
(c) For purposes of paragraphs (2) and (3) of subdivision (a), the
initial issuance of a hazardous waste facilities permit does not
include the issuance of a closure or postclosure permit pursuant to
Chapter 6.5 (commencing with Section 25100) of Division 20 of the
Health and Safety Code.
(d) Paragraph (1) of subdivision (a) does not apply to a project
that does any of the following:
(1) Exclusively burns digester gas produced from manure or any
other solid or semisolid animal waste.
(2) Exclusively burns methane gas produced from a disposal site,
as defined in Section 40122, that is used only for the disposal of
solid waste, as defined in Section 40191.
(3) Exclusively burns forest, agricultural, wood, or other biomass
wastes.
(4) Exclusively burns hazardous waste in an incineration unit that
is transportable and that is either at a site for not longer than
three years or is part of a remedial or removal action. For purposes
of this paragraph, "transportable" means any equipment that performs
a "treatment" as defined in Section 66216 of Title 22 of the
California Code of Regulations, and that is transported on a vehicle
as defined in Section 66230 of Title 22 of the California Code of
Regulations, as those sections read on June 1, 1991.
(5) Exclusively burns refinery waste in a flare on the site of
generation.
(6) Exclusively burns in a flare methane gas produced at a
municipal sewage treatment plant.
(7) Exclusively burns hazardous waste, or exclusively burns
hazardous waste as a supplemental fuel, as part of a research,
development, or demonstration project that, consistent with federal
regulations implementing the Resource Conservation and Recovery Act
of 1976, as amended (42 U.S.C. Sec. 6901 et seq.), has been
determined to be innovative and experimental by the Department of
Toxic Substances Control and that is limited in type and quantity of
waste to that necessary to determine the efficacy and performance
capabilities of the technology or process. However, a facility that
operated as a research, development, or demonstration project and for
which an application is thereafter submitted for a hazardous waste
facility permit for operation other than as a research, development,
or demonstration project shall be considered a new facility for the
burning of hazardous waste and shall be subject to subdivision (a) of
Section 21151.1.
(8) Exclusively burns soils contaminated only with petroleum fuels
or the vapors from these soils.
(9) Exclusively treats less than 3,000 pounds of hazardous waste
per day in a thermal processing unit operated in the absence of open
flame, and submits a worst-case health risk assessment of the
technology to the Department of Toxic Substances Control for review
and distribution to the interested public. This assessment shall be
prepared in accordance with guidelines set forth in the Air Toxics
Assessment Manual of the California Air Pollution Control Officers
Association.
(10) Exclusively burns less than 1,200 pounds per day of medical
waste, as defined in Section 117690 of the Health and Safety Code, on
hospital sites.
(11) Exclusively burns chemicals and fuels as part of firefighter
training.
(12) Exclusively conducts open burns of explosives subject to the
requirements of the air pollution control district or air quality
management district and in compliance with OSHA and Cal-OSHA
regulations.
(13) Exclusively conducts onsite burning of less than 3,000 pounds
per day of fumes directly from a manufacturing or commercial
process.
(14) Exclusively conducts onsite burning of hazardous waste in an
industrial furnace that recovers hydrogen chloride from the flue gas
if the hydrogen chloride is subsequently sold, distributed in
commerce, or used in a manufacturing process at the site where the
hydrogen chloride is recovered, and the burning is in compliance with
the requirements of the air pollution control district or air
quality management district and the Department of Toxic Substances
Control.
(e) Paragraph (1) of subdivision (a) does not apply to a project
for which the State Energy Resources Conservation and Development
Commission has assumed jurisdiction under Chapter 6 (commencing with
Section 25500) of Division 15.
(f) Paragraphs (2) and (3) of subdivision (a) do not apply if the
facility only manages hazardous waste that is identified or listed
pursuant to Section 25140 or 25141 of the Health and Safety Code on
or after January 1, 1992, but not before that date, or only conducts
activities that are regulated pursuant to Chapter 6.5 (commencing
with Section 25100) of Division 20 of the Health and Safety Code on
or after January 1, 1992, but not before that date.
(g) This section does not exempt a project from any other
requirement of this division.
(h) For purposes of this section, offsite facility means a
facility that serves more than one generator of hazardous waste.
21151.2. To promote the safety of pupils and comprehensive
community planning the governing board of each school district before
acquiring title to property for a new school site or for an addition
to a present school site, shall give the planning commission having
jurisdiction notice in writing of the proposed acquisition. The
planning commission shall investigate the proposed site and within 30
days after receipt of the notice shall submit to the governing board
a written report of the investigation and its recommendations
concerning acquisition of the site.
The governing board shall not acquire title to the property until
the report of the planning commission has been received. If the
report does not favor the acquisition of the property for a school
site, or for an addition to a present school site, the governing
board of the school district shall not acquire title to the property
until 30 days after the commission's report is received.
21151.4. (a) An environmental impact report shall not be certified
or a negative declaration shall not be approved for any project
involving the construction or alteration of a facility within
one-fourth of a mile of a school that might reasonably be anticipated
to emit hazardous air emissions, or that would handle an extremely
hazardous substance or a mixture containing extremely hazardous
substances in a quantity equal to or greater than the state threshold
quantity specified pursuant to subdivision (j) of Section 25532 of
the Health and Safety Code, that may pose a health or safety hazard
to persons who would attend or would be employed at the school,
unless both of the following occur:
(1) The lead agency preparing the environmental impact report or
negative declaration has consulted with the school district having
jurisdiction regarding the potential impact of the project on the
school.
(2) The school district has been given written notification of the
project not less than 30 days prior to the proposed certification of
the environmental impact report or approval of the negative
declaration.
(b) As used in this section, the following definitions apply:
(1) "Extremely hazardous substance" means an extremely hazardous
substance as defined pursuant to paragraph (2) of subdivision (g) of
Section 25532 of the Health and Safety Code.
(2) "Hazardous air emissions" means emissions into the ambient air
of air contaminants that have been identified as a toxic air
contaminant by the State Air Resources Board or by the air pollution
control officer for the jurisdiction in which the project is located.
As determined by the air pollution control officer, hazardous air
emissions also means emissions into the ambient air of a substance
identified in subdivisions (a) to (f), inclusive, of Section 44321 of
the Health and Safety Code.
21151.5. (a) (1) For projects described in subdivision (c) of
Section 21065, each local agency shall establish, by ordinance or
resolution, time limits that do not exceed the following:
(A) One year for completing and certifying environmental impact
reports.
(B) One hundred eighty days for completing and adopting negative
declarations.
(2) The time limits specified in paragraph (1) shall apply only to
those circumstances in which the local agency is the lead agency for
a project. These ordinances or resolutions may establish different
time limits for different types or classes of projects and different
types of environmental impact reports, but all limits shall be
measured from the date on which an application requesting approval of
the project is received and accepted as complete by the local
agency.
(3) No application for a project may be deemed incomplete for lack
of a waiver of time periods prescribed by local ordinance or
resolution.
(4) The ordinances or resolutions required by this section may
provide for a reasonable extension of the time period in the event
that compelling circumstances justify additional time and the project
applicant consents thereto.
(b) If a draft environmental impact report, environmental impact
report, or focused environmental impact report is prepared under a
contract to a local agency, the contract shall be executed within 45
days from the date on which the local agency sends a notice of
preparation pursuant to Section 21080.4. The local agency may take
longer to execute the contract if the project applicant and the local
agency mutually agree to an extension of the time limit provided by
this subdivision.
21151.7. Notwithstanding any other provision of law, a lead agency
shall prepare or cause to be prepared by contract, and certify the
completion of, an environmental impact report for any open-pit mining
operation that is subject to the permit requirements or reclamation
plan requirements of the Surface Mining and Reclamation Act of 1975
(Chapter 9 (commencing with Section 2710) of Division 2) and utilizes
a cyanide heap-leaching process for the purpose of producing gold or
other metallic minerals.
21151.8. (a) An environmental impact report shall not be certified
or a negative declaration shall not be approved for a project
involving the purchase of a schoolsite or the construction of a new
elementary or secondary school by a school district unless all of the
following occur:
(1) The environmental impact report or negative declaration
includes information that is needed to determine if the property
proposed to be purchased, or to be constructed upon, is any of the
following:
(A) The site of a current or former hazardous waste disposal site
or solid waste disposal site and, if so, whether the wastes have been
removed.
(B) A hazardous substance release site identified by the
Department of Toxic Substances Control in a current list adopted
pursuant to Section 25356 of the Health and Safety Code for removal
or remedial action pursuant to Chapter 6.8 (commencing with Section
25300) of Division 20 of the Health and Safety Code.
(C) A site that contains one or more pipelines, situated
underground or aboveground, that carries hazardous substances,
extremely hazardous substances, or hazardous wastes, unless the
pipeline is a natural gas line that is used only to supply natural
gas to that school or neighborhood, or other nearby schools.
(D) A site that is within 500 feet of the edge of the closest
traffic lane of a freeway or other busy traffic corridor.
(2) (A) The school district, as the lead agency, in preparing the
environmental impact report or negative declaration has notified in
writing and consulted with the administering agency in which the
proposed schoolsite is located, pursuant to Section 2735.3 of Title
19 of the California Code of Regulations, and with any air pollution
control district or air quality management district having
jurisdiction in the area, to identify both permitted and nonpermitted
facilities within that district's authority, including, but not
limited to, freeways and busy traffic corridors, large agricultural
operations, and railyards, within one-fourth of a mile of the
proposed schoolsite, that might reasonably be anticipated to emit
hazardous emissions or handle hazardous or extremely hazardous
substances or waste. The notification by the school district, as the
lead agency, shall include a list of the locations for which
information is sought.
(B) Each administering agency, air pollution control district, or
air quality management district receiving written notification from a
lead agency to identify facilities pursuant to subparagraph (A)
shall provide the requested information and provide a written
response to the lead agency within 30 days of receiving the
notification. The environmental impact report or negative declaration
shall be conclusively presumed to comply with subparagraph (A) as to
the area of responsibility of an agency that does not respond within
30 days.
(C) If the school district, as a lead agency, has carried out the
consultation required by subparagraph (A), the environmental impact
report or the negative declaration shall be conclusively presumed to
comply with subparagraph (A), notwithstanding any failure of the
consultation to identify an existing facility or other pollution
source specified in subparagraph (A).
(3) The governing board of the school district makes one of the
following written findings:
(A) Consultation identified no facilities of this type or other
significant pollution sources specified in paragraph (2).
(B) The facilities or other pollution sources specified in
paragraph (2) exist, but one of the following conditions applies:
(i) The health risks from the facilities or other pollution
sources do not and will not constitute an actual or potential
endangerment of public health to persons who would attend or be
employed at the proposed school.
(ii) Corrective measures required under an existing order by
another agency having jurisdiction over the facilities or other
pollution sources will, before the school is occupied, result in the
mitigation of all chronic or accidental hazardous air emissions to
levels that do not constitute an actual or potential endangerment of
public health to persons who would attend or be employed at the
proposed school. If the governing board makes a finding pursuant to
this clause, it shall also make a subsequent finding, prior to
occupancy of the school, that the emissions have been so mitigated.
(iii) For a schoolsite with a boundary that is within 500 feet of
the edge of the closest traffic lane of a freeway or other busy
traffic corridor, the governing board of the school district
determines, through analysis pursuant to paragraph (2) of subdivision
(b) of Section 44360 of the Health and Safety Code, based on
appropriate air dispersion modeling, and after considering any
potential mitigation measures, that the air quality at the proposed
site is such that neither short-term nor long-term exposure poses
significant health risks to pupils.
(C) The facilities or other pollution sources specified in
paragraph (2) exist, but conditions in clause (i), (ii), or (iii) of
subparagraph (B) cannot be met, and the school district is unable to
locate an alternative site that is suitable due to a severe shortage
of sites that meet the requirements in subdivision (a) of Section
17213 of the Education Code. If the governing board makes this
finding, the governing board shall adopt a statement of overriding
considerations pursuant to Section 15093 of Title 14 of the
California Code of Regulations.
(b) As used in this section, the following definitions shall
apply:
(1) "Hazardous substance" means any substance defined in Section
25316 of the Health and Safety Code.
(2) "Extremely hazardous substances" means an extremely hazardous
substance as defined pursuant to paragraph (2) of subdivision (g) of
Section 25532 of the Health and Safety Code.
(3) "Hazardous waste" means any waste defined in Section 25117 of
the Health and Safety Code.
(4) "Hazardous waste disposal site" means any site defined in
Section 25114 of the Health and Safety Code.
(5) "Hazardous air emissions" means emissions into the ambient air
of air contaminants that have been identified as a toxic air
contaminant by the State Air Resources Board or by the air pollution
control officer for the jurisdiction in which the project is located.
As determined by the air pollution control officer, hazardous air
emissions also means emissions into the ambient air from any
substances identified in subdivisions (a) to (f), inclusive, of
Section 44321 of the Health and Safety Code.
(6) "Administering agency" means an agency authorized pursuant to
Section 25502 of the Health and Safety Code to implement and enforce
Chapter 6.95 (commencing with Section 25500) of Division 20 of the
Health and Safety Code.
(7) "Handle" means handle as defined in Article 1 (commencing with
Section 25500) of Chapter 6.95 of Division 20 of the Health and
Safety Code.
(8) "Facilities" means any source with a potential to use,
generate, emit, or discharge hazardous air pollutants, including, but
not limited to, pollutants that meet the definition of a hazardous
substance, and whose process or operation is identified as an
emission source pursuant to the most recent list of source categories
published by the California Air Resources Board.
(9) "Freeway or other busy traffic corridors" means those roadways
that, on an average day, have traffic in excess of 50,000 vehicles
in a rural area, as defined in Section 50101 of the Health and Safety
Code, and 100,000 vehicles in an urban area, as defined in Section
50104.7 of the Health and Safety Code.
21151.9. Whenever a city or county determines that a project, as
defined in Section 10912 of the Water Code, is subject to this
division, it shall comply with Part 2.10 (commencing with Section
10910) of Division 6 of the Water Code.
21152. (a) Whenever a local agency approves or determines to carry
out a project that is subject to this division, the local agency
shall file notice of the approval or the determination within five
working days after the approval or determination becomes final, with
the county clerk of each county in which the project will be located.
The notice shall indicate the determination of the local agency
whether the project will, or will not, have a significant effect on
the environment and shall indicate whether an environmental impact
report has been prepared pursuant to this division. The notice shall
also include certification that the final environmental impact
report, if one was prepared, together with comments and responses, is
available to the general public.
(b) Whenever a local agency determines that a project is not
subject to this division pursuant to subdivision (b) of Section 21080
or pursuant to Section 21172, and the local agency approves or
determines to carry out the project, the local agency or the person
specified in subdivision (b) or (c) of Section 21065 may file a
notice of the determination with the county clerk of each county in
which the project will be located. A notice filed pursuant to this
subdivision by a person specified in subdivision (b) or (c) of
Section 21065 shall have a certificate of determination attached to
it issued by the local agency responsible for making the
determination that the project is not subject to this division
pursuant to subdivision (b) of Section 21080 or Section 21172. The
certificate of determination may be in the form of a certified copy
of an existing document or record of the local agency.
(c) All notices filed pursuant to this section shall be available
for public inspection, and shall be posted within 24 hours of receipt
in the office of the county clerk. A notice shall remain posted for
a period of 30 days. Thereafter, the clerk shall return the notice to
the local agency with a notation of the period it was posted. The
local agency shall retain the notice for not less than 12 months.
21152.1. (a) When a local agency determines that a project is not
subject to this division pursuant to Section 21159.22, 21159.23, or
21159.24, and it approves or determines to carry out that project,
the local agency or the person specified in subdivision (b) or (c) of
Section 21065, shall file notice of the determination with the
Office of Planning and Research.
(b) All notices filed pursuant to this section shall be available
for public inspection, and a list of these notices shall be posted on
a weekly basis in the Office of Planning and Research. Each list
shall remain posted for a period of 30 days.
(c) Failure to file the notice required by this section does not
affect the validity of a project.
(d) Nothing in this section affects the time limitations contained
in Section 21167.
21153. (a) Prior to completing an environmental impact report,
every local lead agency shall consult with, and obtain comments from,
each responsible agency, trustee agency, any public agency that has
jurisdiction by law with respect to the project, and any city or
county that borders on a city or county within which the project is
located unless otherwise designated annually by agreement between the
local lead agency and the city or county, and may consult with any
person who has special expertise with respect to any environmental
impact involved. In the case of a project described in subdivision
(c) of Section 21065, the local lead agency shall, upon the request
of the project applicant, provide for early consultation to identify
the range of actions, alternatives, mitigation measures, and
significant effects to be analyzed in depth in the environmental
impact report. The local lead agency may consult with persons
identified by the project applicant who the applicant believes will
be concerned with the environmental effects of the project and may
consult with members of the public who have made written request to
be consulted on the project. A request by the project applicant for
early consultation shall be made not later than 30 days after the
date that the determination required by Section 21080.1 was made with
respect to the project. The local lead agency may charge and collect
a fee from the project applicant in an amount that does not exceed
the actual costs of the consultations.
(b) In the case of a project described in subdivision (a) of
Section 21065, the lead agency may provide for early consultation to
identify the range of actions, alternatives, mitigation measures, and
significant effects to be analyzed in depth in the environmental
impact report. At the request of the lead agency, the Office of
Planning and Research shall ensure that each responsible agency, and
any public agency that has jurisdiction by law with respect to the
project, is notified regarding any early consultation.
(c) A responsible agency or other public agency shall only make
substantive comments regarding those activities involved in a project
that are within an area of expertise of the agency or that are
required to be carried out or approved by the agency. Those comments
shall be supported by specific documentation.
21154. Whenever any state agency, board, or commission issues an
order which requires a local agency to carry out a project which may
have a significant effect on the environment, any environmental
impact report which the local agency may prepare shall be limited to
consideration of those factors and alternatives which will not
conflict with such order.
21150. State agencies, boards, and commissions, responsible for
allocating state or federal funds on a project-by-project basis to
local agencies for any project which may have a significant effect on
the environment, shall require from the responsible local
governmental agency a detailed statement setting forth the matters
specified in Section 21100 prior to the allocation of any funds other
than funds solely for projects involving only feasibility or
planning studies for possible future actions which the agency, board,
or commission has not approved, adopted, or funded.
21151. (a) All local agencies shall prepare, or cause to be
prepared by contract, and certify the completion of, an environmental
impact report on any project that they intend to carry out or
approve which may have a significant effect on the environment. When
a report is required by Section 65402 of the Government Code, the
environmental impact report may be submitted as a part of that
report.
(b) For purposes of this section, any significant effect on the
environment shall be limited to substantial, or potentially
substantial, adverse changes in physical conditions which exist
within the area as defined in Section 21060.5.
(c) If a nonelected decisionmaking body of a local lead agency
certifies an environmental impact report, approves a negative
declaration or mitigated negative declaration, or determines that a
project is not subject to this division, that certification,
approval, or determination may be appealed to the agency's elected
decisionmaking body, if any.
21151.1. (a) Notwithstanding paragraph (6) of subdivision (b) of
Section 21080, or Section 21080.5 or 21084, or any other provision of
law, except as provided in this section, a lead agency shall prepare
or cause to be prepared by contract, and certify the completion of,
an environmental impact report or, if appropriate, a modification,
addendum, or supplement to an existing environmental impact report,
for a project involving any of the following:
(1) (A) The burning of municipal wastes, hazardous waste, or
refuse-derived fuel, including, but not limited to, tires, if the
project is either of the following:
(i) The construction of a new facility.
(ii) The expansion of an existing facility that burns hazardous
waste that would increase its permitted capacity by more than 10
percent.
(B) This paragraph does not apply to a project exclusively burning
hazardous waste, for which a final determination under Section
21080.1 has been made prior to July 14, 1989.
(2) The initial issuance of a hazardous waste facilities permit to
a land disposal facility, as defined in subdivision (d) of Section
25199.1 of the Health and Safety Code.
(3) The initial issuance of a hazardous waste facilities permit
pursuant to Section 25200 of the Health and Safety Code to an offsite
large treatment facility, as defined pursuant to subdivision (d) of
Section 25205.1 of the Health and Safety Code.
(4) A base reuse plan as defined in Section 21083.8.1. The
Legislature hereby finds that no reimbursement is required pursuant
to Section 6 of Article XIII B of the California Constitution for an
environmental impact report for a base reuse plan if an environmental
impact report is otherwise required for that base reuse plan
pursuant to any other provision of this division.
(b) For purposes of clause (ii) of subparagraph (A) of paragraph
(1) of subdivision (a), the amount of expansion of an existing
facility shall be calculated by comparing the proposed facility
capacity with whichever of the following is applicable:
(1) The facility capacity authorized in the facility's hazardous
waste facilities permit pursuant to Section 25200 of the Health and
Safety Code or its grant of interim status pursuant to Section
25200.5 of the Health and Safety Code, or the facility capacity
authorized in a state or local agency permit allowing the
construction or operation of a facility for the burning of hazardous
waste, granted before January 1, 1990.
(2) The facility capacity authorized in the facility's original
hazardous waste facilities permit, grant of interim status, or a
state or local agency permit allowing the construction or operation
of a facility for the burning of hazardous waste, granted on or after
January 1, 1990.
(c) For purposes of paragraphs (2) and (3) of subdivision (a), the
initial issuance of a hazardous waste facilities permit does not
include the issuance of a closure or postclosure permit pursuant to
Chapter 6.5 (commencing with Section 25100) of Division 20 of the
Health and Safety Code.
(d) Paragraph (1) of subdivision (a) does not apply to a project
that does any of the following:
(1) Exclusively burns digester gas produced from manure or any
other solid or semisolid animal waste.
(2) Exclusively burns methane gas produced from a disposal site,
as defined in Section 40122, that is used only for the disposal of
solid waste, as defined in Section 40191.
(3) Exclusively burns forest, agricultural, wood, or other biomass
wastes.
(4) Exclusively burns hazardous waste in an incineration unit that
is transportable and that is either at a site for not longer than
three years or is part of a remedial or removal action. For purposes
of this paragraph, "transportable" means any equipment that performs
a "treatment" as defined in Section 66216 of Title 22 of the
California Code of Regulations, and that is transported on a vehicle
as defined in Section 66230 of Title 22 of the California Code of
Regulations, as those sections read on June 1, 1991.
(5) Exclusively burns refinery waste in a flare on the site of
generation.
(6) Exclusively burns in a flare methane gas produced at a
municipal sewage treatment plant.
(7) Exclusively burns hazardous waste, or exclusively burns
hazardous waste as a supplemental fuel, as part of a research,
development, or demonstration project that, consistent with federal
regulations implementing the Resource Conservation and Recovery Act
of 1976, as amended (42 U.S.C. Sec. 6901 et seq.), has been
determined to be innovative and experimental by the Department of
Toxic Substances Control and that is limited in type and quantity of
waste to that necessary to determine the efficacy and performance
capabilities of the technology or process. However, a facility that
operated as a research, development, or demonstration project and for
which an application is thereafter submitted for a hazardous waste
facility permit for operation other than as a research, development,
or demonstration project shall be considered a new facility for the
burning of hazardous waste and shall be subject to subdivision (a) of
Section 21151.1.
(8) Exclusively burns soils contaminated only with petroleum fuels
or the vapors from these soils.
(9) Exclusively treats less than 3,000 pounds of hazardous waste
per day in a thermal processing unit operated in the absence of open
flame, and submits a worst-case health risk assessment of the
technology to the Department of Toxic Substances Control for review
and distribution to the interested public. This assessment shall be
prepared in accordance with guidelines set forth in the Air Toxics
Assessment Manual of the California Air Pollution Control Officers
Association.
(10) Exclusively burns less than 1,200 pounds per day of medical
waste, as defined in Section 117690 of the Health and Safety Code, on
hospital sites.
(11) Exclusively burns chemicals and fuels as part of firefighter
training.
(12) Exclusively conducts open burns of explosives subject to the
requirements of the air pollution control district or air quality
management district and in compliance with OSHA and Cal-OSHA
regulations.
(13) Exclusively conducts onsite burning of less than 3,000 pounds
per day of fumes directly from a manufacturing or commercial
process.
(14) Exclusively conducts onsite burning of hazardous waste in an
industrial furnace that recovers hydrogen chloride from the flue gas
if the hydrogen chloride is subsequently sold, distributed in
commerce, or used in a manufacturing process at the site where the
hydrogen chloride is recovered, and the burning is in compliance with
the requirements of the air pollution control district or air
quality management district and the Department of Toxic Substances
Control.
(e) Paragraph (1) of subdivision (a) does not apply to a project
for which the State Energy Resources Conservation and Development
Commission has assumed jurisdiction under Chapter 6 (commencing with
Section 25500) of Division 15.
(f) Paragraphs (2) and (3) of subdivision (a) do not apply if the
facility only manages hazardous waste that is identified or listed
pursuant to Section 25140 or 25141 of the Health and Safety Code on
or after January 1, 1992, but not before that date, or only conducts
activities that are regulated pursuant to Chapter 6.5 (commencing
with Section 25100) of Division 20 of the Health and Safety Code on
or after January 1, 1992, but not before that date.
(g) This section does not exempt a project from any other
requirement of this division.
(h) For purposes of this section, offsite facility means a
facility that serves more than one generator of hazardous waste.
21151.2. To promote the safety of pupils and comprehensive
community planning the governing board of each school district before
acquiring title to property for a new school site or for an addition
to a present school site, shall give the planning commission having
jurisdiction notice in writing of the proposed acquisition. The
planning commission shall investigate the proposed site and within 30
days after receipt of the notice shall submit to the governing board
a written report of the investigation and its recommendations
concerning acquisition of the site.
The governing board shall not acquire title to the property until
the report of the planning commission has been received. If the
report does not favor the acquisition of the property for a school
site, or for an addition to a present school site, the governing
board of the school district shall not acquire title to the property
until 30 days after the commission's report is received.
21151.4. (a) An environmental impact report shall not be certified
or a negative declaration shall not be approved for any project
involving the construction or alteration of a facility within
one-fourth of a mile of a school that might reasonably be anticipated
to emit hazardous air emissions, or that would handle an extremely
hazardous substance or a mixture containing extremely hazardous
substances in a quantity equal to or greater than the state threshold
quantity specified pursuant to subdivision (j) of Section 25532 of
the Health and Safety Code, that may pose a health or safety hazard
to persons who would attend or would be employed at the school,
unless both of the following occur:
(1) The lead agency preparing the environmental impact report or
negative declaration has consulted with the school district having
jurisdiction regarding the potential impact of the project on the
school.
(2) The school district has been given written notification of the
project not less than 30 days prior to the proposed certification of
the environmental impact report or approval of the negative
declaration.
(b) As used in this section, the following definitions apply:
(1) "Extremely hazardous substance" means an extremely hazardous
substance as defined pursuant to paragraph (2) of subdivision (g) of
Section 25532 of the Health and Safety Code.
(2) "Hazardous air emissions" means emissions into the ambient air
of air contaminants that have been identified as a toxic air
contaminant by the State Air Resources Board or by the air pollution
control officer for the jurisdiction in which the project is located.
As determined by the air pollution control officer, hazardous air
emissions also means emissions into the ambient air of a substance
identified in subdivisions (a) to (f), inclusive, of Section 44321 of
the Health and Safety Code.
21151.5. (a) (1) For projects described in subdivision (c) of
Section 21065, each local agency shall establish, by ordinance or
resolution, time limits that do not exceed the following:
(A) One year for completing and certifying environmental impact
reports.
(B) One hundred eighty days for completing and adopting negative
declarations.
(2) The time limits specified in paragraph (1) shall apply only to
those circumstances in which the local agency is the lead agency for
a project. These ordinances or resolutions may establish different
time limits for different types or classes of projects and different
types of environmental impact reports, but all limits shall be
measured from the date on which an application requesting approval of
the project is received and accepted as complete by the local
agency.
(3) No application for a project may be deemed incomplete for lack
of a waiver of time periods prescribed by local ordinance or
resolution.
(4) The ordinances or resolutions required by this section may
provide for a reasonable extension of the time period in the event
that compelling circumstances justify additional time and the project
applicant consents thereto.
(b) If a draft environmental impact report, environmental impact
report, or focused environmental impact report is prepared under a
contract to a local agency, the contract shall be executed within 45
days from the date on which the local agency sends a notice of
preparation pursuant to Section 21080.4. The local agency may take
longer to execute the contract if the project applicant and the local
agency mutually agree to an extension of the time limit provided by
this subdivision.
21151.7. Notwithstanding any other provision of law, a lead agency
shall prepare or cause to be prepared by contract, and certify the
completion of, an environmental impact report for any open-pit mining
operation that is subject to the permit requirements or reclamation
plan requirements of the Surface Mining and Reclamation Act of 1975
(Chapter 9 (commencing with Section 2710) of Division 2) and utilizes
a cyanide heap-leaching process for the purpose of producing gold or
other metallic minerals.
21151.8. (a) An environmental impact report shall not be certified
or a negative declaration shall not be approved for a project
involving the purchase of a schoolsite or the construction of a new
elementary or secondary school by a school district unless all of the
following occur:
(1) The environmental impact report or negative declaration
includes information that is needed to determine if the property
proposed to be purchased, or to be constructed upon, is any of the
following:
(A) The site of a current or former hazardous waste disposal site
or solid waste disposal site and, if so, whether the wastes have been
removed.
(B) A hazardous substance release site identified by the
Department of Toxic Substances Control in a current list adopted
pursuant to Section 25356 of the Health and Safety Code for removal
or remedial action pursuant to Chapter 6.8 (commencing with Section
25300) of Division 20 of the Health and Safety Code.
(C) A site that contains one or more pipelines, situated
underground or aboveground, that carries hazardous substances,
extremely hazardous substances, or hazardous wastes, unless the
pipeline is a natural gas line that is used only to supply natural
gas to that school or neighborhood, or other nearby schools.
(D) A site that is within 500 feet of the edge of the closest
traffic lane of a freeway or other busy traffic corridor.
(2) (A) The school district, as the lead agency, in preparing the
environmental impact report or negative declaration has notified in
writing and consulted with the administering agency in which the
proposed schoolsite is located, pursuant to Section 2735.3 of Title
19 of the California Code of Regulations, and with any air pollution
control district or air quality management district having
jurisdiction in the area, to identify both permitted and nonpermitted
facilities within that district's authority, including, but not
limited to, freeways and busy traffic corridors, large agricultural
operations, and railyards, within one-fourth of a mile of the
proposed schoolsite, that might reasonably be anticipated to emit
hazardous emissions or handle hazardous or extremely hazardous
substances or waste. The notification by the school district, as the
lead agency, shall include a list of the locations for which
information is sought.
(B) Each administering agency, air pollution control district, or
air quality management district receiving written notification from a
lead agency to identify facilities pursuant to subparagraph (A)
shall provide the requested information and provide a written
response to the lead agency within 30 days of receiving the
notification. The environmental impact report or negative declaration
shall be conclusively presumed to comply with subparagraph (A) as to
the area of responsibility of an agency that does not respond within
30 days.
(C) If the school district, as a lead agency, has carried out the
consultation required by subparagraph (A), the environmental impact
report or the negative declaration shall be conclusively presumed to
comply with subparagraph (A), notwithstanding any failure of the
consultation to identify an existing facility or other pollution
source specified in subparagraph (A).
(3) The governing board of the school district makes one of the
following written findings:
(A) Consultation identified no facilities of this type or other
significant pollution sources specified in paragraph (2).
(B) The facilities or other pollution sources specified in
paragraph (2) exist, but one of the following conditions applies:
(i) The health risks from the facilities or other pollution
sources do not and will not constitute an actual or potential
endangerment of public health to persons who would attend or be
employed at the proposed school.
(ii) Corrective measures required under an existing order by
another agency having jurisdiction over the facilities or other
pollution sources will, before the school is occupied, result in the
mitigation of all chronic or accidental hazardous air emissions to
levels that do not constitute an actual or potential endangerment of
public health to persons who would attend or be employed at the
proposed school. If the governing board makes a finding pursuant to
this clause, it shall also make a subsequent finding, prior to
occupancy of the school, that the emissions have been so mitigated.
(iii) For a schoolsite with a boundary that is within 500 feet of
the edge of the closest traffic lane of a freeway or other busy
traffic corridor, the governing board of the school district
determines, through analysis pursuant to paragraph (2) of subdivision
(b) of Section 44360 of the Health and Safety Code, based on
appropriate air dispersion modeling, and after considering any
potential mitigation measures, that the air quality at the proposed
site is such that neither short-term nor long-term exposure poses
significant health risks to pupils.
(C) The facilities or other pollution sources specified in
paragraph (2) exist, but conditions in clause (i), (ii), or (iii) of
subparagraph (B) cannot be met, and the school district is unable to
locate an alternative site that is suitable due to a severe shortage
of sites that meet the requirements in subdivision (a) of Section
17213 of the Education Code. If the governing board makes this
finding, the governing board shall adopt a statement of overriding
considerations pursuant to Section 15093 of Title 14 of the
California Code of Regulations.
(b) As used in this section, the following definitions shall
apply:
(1) "Hazardous substance" means any substance defined in Section
25316 of the Health and Safety Code.
(2) "Extremely hazardous substances" means an extremely hazardous
substance as defined pursuant to paragraph (2) of subdivision (g) of
Section 25532 of the Health and Safety Code.
(3) "Hazardous waste" means any waste defined in Section 25117 of
the Health and Safety Code.
(4) "Hazardous waste disposal site" means any site defined in
Section 25114 of the Health and Safety Code.
(5) "Hazardous air emissions" means emissions into the ambient air
of air contaminants that have been identified as a toxic air
contaminant by the State Air Resources Board or by the air pollution
control officer for the jurisdiction in which the project is located.
As determined by the air pollution control officer, hazardous air
emissions also means emissions into the ambient air from any
substances identified in subdivisions (a) to (f), inclusive, of
Section 44321 of the Health and Safety Code.
(6) "Administering agency" means an agency authorized pursuant to
Section 25502 of the Health and Safety Code to implement and enforce
Chapter 6.95 (commencing with Section 25500) of Division 20 of the
Health and Safety Code.
(7) "Handle" means handle as defined in Article 1 (commencing with
Section 25500) of Chapter 6.95 of Division 20 of the Health and
Safety Code.
(8) "Facilities" means any source with a potential to use,
generate, emit, or discharge hazardous air pollutants, including, but
not limited to, pollutants that meet the definition of a hazardous
substance, and whose process or operation is identified as an
emission source pursuant to the most recent list of source categories
published by the California Air Resources Board.
(9) "Freeway or other busy traffic corridors" means those roadways
that, on an average day, have traffic in excess of 50,000 vehicles
in a rural area, as defined in Section 50101 of the Health and Safety
Code, and 100,000 vehicles in an urban area, as defined in Section
50104.7 of the Health and Safety Code.
21151.9. Whenever a city or county determines that a project, as
defined in Section 10912 of the Water Code, is subject to this
division, it shall comply with Part 2.10 (commencing with Section
10910) of Division 6 of the Water Code.
21152. (a) Whenever a local agency approves or determines to carry
out a project that is subject to this division, the local agency
shall file notice of the approval or the determination within five
working days after the approval or determination becomes final, with
the county clerk of each county in which the project will be located.
The notice shall indicate the determination of the local agency
whether the project will, or will not, have a significant effect on
the environment and shall indicate whether an environmental impact
report has been prepared pursuant to this division. The notice shall
also include certification that the final environmental impact
report, if one was prepared, together with comments and responses, is
available to the general public.
(b) Whenever a local agency determines that a project is not
subject to this division pursuant to subdivision (b) of Section 21080
or pursuant to Section 21172, and the local agency approves or
determines to carry out the project, the local agency or the person
specified in subdivision (b) or (c) of Section 21065 may file a
notice of the determination with the county clerk of each county in
which the project will be located. A notice filed pursuant to this
subdivision by a person specified in subdivision (b) or (c) of
Section 21065 shall have a certificate of determination attached to
it issued by the local agency responsible for making the
determination that the project is not subject to this division
pursuant to subdivision (b) of Section 21080 or Section 21172. The
certificate of determination may be in the form of a certified copy
of an existing document or record of the local agency.
(c) All notices filed pursuant to this section shall be available
for public inspection, and shall be posted within 24 hours of receipt
in the office of the county clerk. A notice shall remain posted for
a period of 30 days. Thereafter, the clerk shall return the notice to
the local agency with a notation of the period it was posted. The
local agency shall retain the notice for not less than 12 months.
21152.1. (a) When a local agency determines that a project is not
subject to this division pursuant to Section 21159.22, 21159.23, or
21159.24, and it approves or determines to carry out that project,
the local agency or the person specified in subdivision (b) or (c) of
Section 21065, shall file notice of the determination with the
Office of Planning and Research.
(b) All notices filed pursuant to this section shall be available
for public inspection, and a list of these notices shall be posted on
a weekly basis in the Office of Planning and Research. Each list
shall remain posted for a period of 30 days.
(c) Failure to file the notice required by this section does not
affect the validity of a project.
(d) Nothing in this section affects the time limitations contained
in Section 21167.
21153. (a) Prior to completing an environmental impact report,
every local lead agency shall consult with, and obtain comments from,
each responsible agency, trustee agency, any public agency that has
jurisdiction by law with respect to the project, and any city or
county that borders on a city or county within which the project is
located unless otherwise designated annually by agreement between the
local lead agency and the city or county, and may consult with any
person who has special expertise with respect to any environmental
impact involved. In the case of a project described in subdivision
(c) of Section 21065, the local lead agency shall, upon the request
of the project applicant, provide for early consultation to identify
the range of actions, alternatives, mitigation measures, and
significant effects to be analyzed in depth in the environmental
impact report. The local lead agency may consult with persons
identified by the project applicant who the applicant believes will
be concerned with the environmental effects of the project and may
consult with members of the public who have made written request to
be consulted on the project. A request by the project applicant for
early consultation shall be made not later than 30 days after the
date that the determination required by Section 21080.1 was made with
respect to the project. The local lead agency may charge and collect
a fee from the project applicant in an amount that does not exceed
the actual costs of the consultations.
(b) In the case of a project described in subdivision (a) of
Section 21065, the lead agency may provide for early consultation to
identify the range of actions, alternatives, mitigation measures, and
significant effects to be analyzed in depth in the environmental
impact report. At the request of the lead agency, the Office of
Planning and Research shall ensure that each responsible agency, and
any public agency that has jurisdiction by law with respect to the
project, is notified regarding any early consultation.
(c) A responsible agency or other public agency shall only make
substantive comments regarding those activities involved in a project
that are within an area of expertise of the agency or that are
required to be carried out or approved by the agency. Those comments
shall be supported by specific documentation.
21154. Whenever any state agency, board, or commission issues an
order which requires a local agency to carry out a project which may
have a significant effect on the environment, any environmental
impact report which the local agency may prepare shall be limited to
consideration of those factors and alternatives which will not
conflict with such order.
21150. State agencies, boards, and commissions, responsible for
allocating state or federal funds on a project-by-project basis to
local agencies for any project which may have a significant effect on
the environment, shall require from the responsible local
governmental agency a detailed statement setting forth the matters
specified in Section 21100 prior to the allocation of any funds other
than funds solely for projects involving only feasibility or
planning studies for possible future actions which the agency, board,
or commission has not approved, adopted, or funded.
21151. (a) All local agencies shall prepare, or cause to be
prepared by contract, and certify the completion of, an environmental
impact report on any project that they intend to carry out or
approve which may have a significant effect on the environment. When
a report is required by Section 65402 of the Government Code, the
environmental impact report may be submitted as a part of that
report.
(b) For purposes of this section, any significant effect on the
environment shall be limited to substantial, or potentially
substantial, adverse changes in physical conditions which exist
within the area as defined in Section 21060.5.
(c) If a nonelected decisionmaking body of a local lead agency
certifies an environmental impact report, approves a negative
declaration or mitigated negative declaration, or determines that a
project is not subject to this division, that certification,
approval, or determination may be appealed to the agency's elected
decisionmaking body, if any.
21151.1. (a) Notwithstanding paragraph (6) of subdivision (b) of
Section 21080, or Section 21080.5 or 21084, or any other provision of
law, except as provided in this section, a lead agency shall prepare
or cause to be prepared by contract, and certify the completion of,
an environmental impact report or, if appropriate, a modification,
addendum, or supplement to an existing environmental impact report,
for a project involving any of the following:
(1) (A) The burning of municipal wastes, hazardous waste, or
refuse-derived fuel, including, but not limited to, tires, if the
project is either of the following:
(i) The construction of a new facility.
(ii) The expansion of an existing facility that burns hazardous
waste that would increase its permitted capacity by more than 10
percent.
(B) This paragraph does not apply to a project exclusively burning
hazardous waste, for which a final determination under Section
21080.1 has been made prior to July 14, 1989.
(2) The initial issuance of a hazardous waste facilities permit to
a land disposal facility, as defined in subdivision (d) of Section
25199.1 of the Health and Safety Code.
(3) The initial issuance of a hazardous waste facilities permit
pursuant to Section 25200 of the Health and Safety Code to an offsite
large treatment facility, as defined pursuant to subdivision (d) of
Section 25205.1 of the Health and Safety Code.
(4) A base reuse plan as defined in Section 21083.8.1. The
Legislature hereby finds that no reimbursement is required pursuant
to Section 6 of Article XIII B of the California Constitution for an
environmental impact report for a base reuse plan if an environmental
impact report is otherwise required for that base reuse plan
pursuant to any other provision of this division.
(b) For purposes of clause (ii) of subparagraph (A) of paragraph
(1) of subdivision (a), the amount of expansion of an existing
facility shall be calculated by comparing the proposed facility
capacity with whichever of the following is applicable:
(1) The facility capacity authorized in the facility's hazardous
waste facilities permit pursuant to Section 25200 of the Health and
Safety Code or its grant of interim status pursuant to Section
25200.5 of the Health and Safety Code, or the facility capacity
authorized in a state or local agency permit allowing the
construction or operation of a facility for the burning of hazardous
waste, granted before January 1, 1990.
(2) The facility capacity authorized in the facility's original
hazardous waste facilities permit, grant of interim status, or a
state or local agency permit allowing the construction or operation
of a facility for the burning of hazardous waste, granted on or after
January 1, 1990.
(c) For purposes of paragraphs (2) and (3) of subdivision (a), the
initial issuance of a hazardous waste facilities permit does not
include the issuance of a closure or postclosure permit pursuant to
Chapter 6.5 (commencing with Section 25100) of Division 20 of the
Health and Safety Code.
(d) Paragraph (1) of subdivision (a) does not apply to a project
that does any of the following:
(1) Exclusively burns digester gas produced from manure or any
other solid or semisolid animal waste.
(2) Exclusively burns methane gas produced from a disposal site,
as defined in Section 40122, that is used only for the disposal of
solid waste, as defined in Section 40191.
(3) Exclusively burns forest, agricultural, wood, or other biomass
wastes.
(4) Exclusively burns hazardous waste in an incineration unit that
is transportable and that is either at a site for not longer than
three years or is part of a remedial or removal action. For purposes
of this paragraph, "transportable" means any equipment that performs
a "treatment" as defined in Section 66216 of Title 22 of the
California Code of Regulations, and that is transported on a vehicle
as defined in Section 66230 of Title 22 of the California Code of
Regulations, as those sections read on June 1, 1991.
(5) Exclusively burns refinery waste in a flare on the site of
generation.
(6) Exclusively burns in a flare methane gas produced at a
municipal sewage treatment plant.
(7) Exclusively burns hazardous waste, or exclusively burns
hazardous waste as a supplemental fuel, as part of a research,
development, or demonstration project that, consistent with federal
regulations implementing the Resource Conservation and Recovery Act
of 1976, as amended (42 U.S.C. Sec. 6901 et seq.), has been
determined to be innovative and experimental by the Department of
Toxic Substances Control and that is limited in type and quantity of
waste to that necessary to determine the efficacy and performance
capabilities of the technology or process. However, a facility that
operated as a research, development, or demonstration project and for
which an application is thereafter submitted for a hazardous waste
facility permit for operation other than as a research, development,
or demonstration project shall be considered a new facility for the
burning of hazardous waste and shall be subject to subdivision (a) of
Section 21151.1.
(8) Exclusively burns soils contaminated only with petroleum fuels
or the vapors from these soils.
(9) Exclusively treats less than 3,000 pounds of hazardous waste
per day in a thermal processing unit operated in the absence of open
flame, and submits a worst-case health risk assessment of the
technology to the Department of Toxic Substances Control for review
and distribution to the interested public. This assessment shall be
prepared in accordance with guidelines set forth in the Air Toxics
Assessment Manual of the California Air Pollution Control Officers
Association.
(10) Exclusively burns less than 1,200 pounds per day of medical
waste, as defined in Section 117690 of the Health and Safety Code, on
hospital sites.
(11) Exclusively burns chemicals and fuels as part of firefighter
training.
(12) Exclusively conducts open burns of explosives subject to the
requirements of the air pollution control district or air quality
management district and in compliance with OSHA and Cal-OSHA
regulations.
(13) Exclusively conducts onsite burning of less than 3,000 pounds
per day of fumes directly from a manufacturing or commercial
process.
(14) Exclusively conducts onsite burning of hazardous waste in an
industrial furnace that recovers hydrogen chloride from the flue gas
if the hydrogen chloride is subsequently sold, distributed in
commerce, or used in a manufacturing process at the site where the
hydrogen chloride is recovered, and the burning is in compliance with
the requirements of the air pollution control district or air
quality management district and the Department of Toxic Substances
Control.
(e) Paragraph (1) of subdivision (a) does not apply to a project
for which the State Energy Resources Conservation and Development
Commission has assumed jurisdiction under Chapter 6 (commencing with
Section 25500) of Division 15.
(f) Paragraphs (2) and (3) of subdivision (a) do not apply if the
facility only manages hazardous waste that is identified or listed
pursuant to Section 25140 or 25141 of the Health and Safety Code on
or after January 1, 1992, but not before that date, or only conducts
activities that are regulated pursuant to Chapter 6.5 (commencing
with Section 25100) of Division 20 of the Health and Safety Code on
or after January 1, 1992, but not before that date.
(g) This section does not exempt a project from any other
requirement of this division.
(h) For purposes of this section, offsite facility means a
facility that serves more than one generator of hazardous waste.
21151.2. To promote the safety of pupils and comprehensive
community planning the governing board of each school district before
acquiring title to property for a new school site or for an addition
to a present school site, shall give the planning commission having
jurisdiction notice in writing of the proposed acquisition. The
planning commission shall investigate the proposed site and within 30
days after receipt of the notice shall submit to the governing board
a written report of the investigation and its recommendations
concerning acquisition of the site.
The governing board shall not acquire title to the property until
the report of the planning commission has been received. If the
report does not favor the acquisition of the property for a school
site, or for an addition to a present school site, the governing
board of the school district shall not acquire title to the property
until 30 days after the commission's report is received.
21151.4. (a) An environmental impact report shall not be certified
or a negative declaration shall not be approved for any project
involving the construction or alteration of a facility within
one-fourth of a mile of a school that might reasonably be anticipated
to emit hazardous air emissions, or that would handle an extremely
hazardous substance or a mixture containing extremely hazardous
substances in a quantity equal to or greater than the state threshold
quantity specified pursuant to subdivision (j) of Section 25532 of
the Health and Safety Code, that may pose a health or safety hazard
to persons who would attend or would be employed at the school,
unless both of the following occur:
(1) The lead agency preparing the environmental impact report or
negative declaration has consulted with the school district having
jurisdiction regarding the potential impact of the project on the
school.
(2) The school district has been given written notification of the
project not less than 30 days prior to the proposed certification of
the environmental impact report or approval of the negative
declaration.
(b) As used in this section, the following definitions apply:
(1) "Extremely hazardous substance" means an extremely hazardous
substance as defined pursuant to paragraph (2) of subdivision (g) of
Section 25532 of the Health and Safety Code.
(2) "Hazardous air emissions" means emissions into the ambient air
of air contaminants that have been identified as a toxic air
contaminant by the State Air Resources Board or by the air pollution
control officer for the jurisdiction in which the project is located.
As determined by the air pollution control officer, hazardous air
emissions also means emissions into the ambient air of a substance
identified in subdivisions (a) to (f), inclusive, of Section 44321 of
the Health and Safety Code.
21151.5. (a) (1) For projects described in subdivision (c) of
Section 21065, each local agency shall establish, by ordinance or
resolution, time limits that do not exceed the following:
(A) One year for completing and certifying environmental impact
reports.
(B) One hundred eighty days for completing and adopting negative
declarations.
(2) The time limits specified in paragraph (1) shall apply only to
those circumstances in which the local agency is the lead agency for
a project. These ordinances or resolutions may establish different
time limits for different types or classes of projects and different
types of environmental impact reports, but all limits shall be
measured from the date on which an application requesting approval of
the project is received and accepted as complete by the local
agency.
(3) No application for a project may be deemed incomplete for lack
of a waiver of time periods prescribed by local ordinance or
resolution.
(4) The ordinances or resolutions required by this section may
provide for a reasonable extension of the time period in the event
that compelling circumstances justify additional time and the project
applicant consents thereto.
(b) If a draft environmental impact report, environmental impact
report, or focused environmental impact report is prepared under a
contract to a local agency, the contract shall be executed within 45
days from the date on which the local agency sends a notice of
preparation pursuant to Section 21080.4. The local agency may take
longer to execute the contract if the project applicant and the local
agency mutually agree to an extension of the time limit provided by
this subdivision.
21151.7. Notwithstanding any other provision of law, a lead agency
shall prepare or cause to be prepared by contract, and certify the
completion of, an environmental impact report for any open-pit mining
operation that is subject to the permit requirements or reclamation
plan requirements of the Surface Mining and Reclamation Act of 1975
(Chapter 9 (commencing with Section 2710) of Division 2) and utilizes
a cyanide heap-leaching process for the purpose of producing gold or
other metallic minerals.
21151.8. (a) An environmental impact report shall not be certified
or a negative declaration shall not be approved for a project
involving the purchase of a schoolsite or the construction of a new
elementary or secondary school by a school district unless all of the
following occur:
(1) The environmental impact report or negative declaration
includes information that is needed to determine if the property
proposed to be purchased, or to be constructed upon, is any of the
following:
(A) The site of a current or former hazardous waste disposal site
or solid waste disposal site and, if so, whether the wastes have been
removed.
(B) A hazardous substance release site identified by the
Department of Toxic Substances Control in a current list adopted
pursuant to Section 25356 of the Health and Safety Code for removal
or remedial action pursuant to Chapter 6.8 (commencing with Section
25300) of Division 20 of the Health and Safety Code.
(C) A site that contains one or more pipelines, situated
underground or aboveground, that carries hazardous substances,
extremely hazardous substances, or hazardous wastes, unless the
pipeline is a natural gas line that is used only to supply natural
gas to that school or neighborhood, or other nearby schools.
(D) A site that is within 500 feet of the edge of the closest
traffic lane of a freeway or other busy traffic corridor.
(2) (A) The school district, as the lead agency, in preparing the
environmental impact report or negative declaration has notified in
writing and consulted with the administering agency in which the
proposed schoolsite is located, pursuant to Section 2735.3 of Title
19 of the California Code of Regulations, and with any air pollution
control district or air quality management district having
jurisdiction in the area, to identify both permitted and nonpermitted
facilities within that district's authority, including, but not
limited to, freeways and busy traffic corridors, large agricultural
operations, and railyards, within one-fourth of a mile of the
proposed schoolsite, that might reasonably be anticipated to emit
hazardous emissions or handle hazardous or extremely hazardous
substances or waste. The notification by the school district, as the
lead agency, shall include a list of the locations for which
information is sought.
(B) Each administering agency, air pollution control district, or
air quality management district receiving written notification from a
lead agency to identify facilities pursuant to subparagraph (A)
shall provide the requested information and provide a written
response to the lead agency within 30 days of receiving the
notification. The environmental impact report or negative declaration
shall be conclusively presumed to comply with subparagraph (A) as to
the area of responsibility of an agency that does not respond within
30 days.
(C) If the school district, as a lead agency, has carried out the
consultation required by subparagraph (A), the environmental impact
report or the negative declaration shall be conclusively presumed to
comply with subparagraph (A), notwithstanding any failure of the
consultation to identify an existing facility or other pollution
source specified in subparagraph (A).
(3) The governing board of the school district makes one of the
following written findings:
(A) Consultation identified no facilities of this type or other
significant pollution sources specified in paragraph (2).
(B) The facilities or other pollution sources specified in
paragraph (2) exist, but one of the following conditions applies:
(i) The health risks from the facilities or other pollution
sources do not and will not constitute an actual or potential
endangerment of public health to persons who would attend or be
employed at the proposed school.
(ii) Corrective measures required under an existing order by
another agency having jurisdiction over the facilities or other
pollution sources will, before the school is occupied, result in the
mitigation of all chronic or accidental hazardous air emissions to
levels that do not constitute an actual or potential endangerment of
public health to persons who would attend or be employed at the
proposed school. If the governing board makes a finding pursuant to
this clause, it shall also make a subsequent finding, prior to
occupancy of the school, that the emissions have been so mitigated.
(iii) For a schoolsite with a boundary that is within 500 feet of
the edge of the closest traffic lane of a freeway or other busy
traffic corridor, the governing board of the school district
determines, through analysis pursuant to paragraph (2) of subdivision
(b) of Section 44360 of the Health and Safety Code, based on
appropriate air dispersion modeling, and after considering any
potential mitigation measures, that the air quality at the proposed
site is such that neither short-term nor long-term exposure poses
significant health risks to pupils.
(C) The facilities or other pollution sources specified in
paragraph (2) exist, but conditions in clause (i), (ii), or (iii) of
subparagraph (B) cannot be met, and the school district is unable to
locate an alternative site that is suitable due to a severe shortage
of sites that meet the requirements in subdivision (a) of Section
17213 of the Education Code. If the governing board makes this
finding, the governing board shall adopt a statement of overriding
considerations pursuant to Section 15093 of Title 14 of the
California Code of Regulations.
(b) As used in this section, the following definitions shall
apply:
(1) "Hazardous substance" means any substance defined in Section
25316 of the Health and Safety Code.
(2) "Extremely hazardous substances" means an extremely hazardous
substance as defined pursuant to paragraph (2) of subdivision (g) of
Section 25532 of the Health and Safety Code.
(3) "Hazardous waste" means any waste defined in Section 25117 of
the Health and Safety Code.
(4) "Hazardous waste disposal site" means any site defined in
Section 25114 of the Health and Safety Code.
(5) "Hazardous air emissions" means emissions into the ambient air
of air contaminants that have been identified as a toxic air
contaminant by the State Air Resources Board or by the air pollution
control officer for the jurisdiction in which the project is located.
As determined by the air pollution control officer, hazardous air
emissions also means emissions into the ambient air from any
substances identified in subdivisions (a) to (f), inclusive, of
Section 44321 of the Health and Safety Code.
(6) "Administering agency" means an agency authorized pursuant to
Section 25502 of the Health and Safety Code to implement and enforce
Chapter 6.95 (commencing with Section 25500) of Division 20 of the
Health and Safety Code.
(7) "Handle" means handle as defined in Article 1 (commencing with
Section 25500) of Chapter 6.95 of Division 20 of the Health and
Safety Code.
(8) "Facilities" means any source with a potential to use,
generate, emit, or discharge hazardous air pollutants, including, but
not limited to, pollutants that meet the definition of a hazardous
substance, and whose process or operation is identified as an
emission source pursuant to the most recent list of source categories
published by the California Air Resources Board.
(9) "Freeway or other busy traffic corridors" means those roadways
that, on an average day, have traffic in excess of 50,000 vehicles
in a rural area, as defined in Section 50101 of the Health and Safety
Code, and 100,000 vehicles in an urban area, as defined in Section
50104.7 of the Health and Safety Code.
21151.9. Whenever a city or county determines that a project, as
defined in Section 10912 of the Water Code, is subject to this
division, it shall comply with Part 2.10 (commencing with Section
10910) of Division 6 of the Water Code.
21152. (a) Whenever a local agency approves or determines to carry
out a project that is subject to this division, the local agency
shall file notice of the approval or the determination within five
working days after the approval or determination becomes final, with
the county clerk of each county in which the project will be located.
The notice shall indicate the determination of the local agency
whether the project will, or will not, have a significant effect on
the environment and shall indicate whether an environmental impact
report has been prepared pursuant to this division. The notice shall
also include certification that the final environmental impact
report, if one was prepared, together with comments and responses, is
available to the general public.
(b) Whenever a local agency determines that a project is not
subject to this division pursuant to subdivision (b) of Section 21080
or pursuant to Section 21172, and the local agency approves or
determines to carry out the project, the local agency or the person
specified in subdivision (b) or (c) of Section 21065 may file a
notice of the determination with the county clerk of each county in
which the project will be located. A notice filed pursuant to this
subdivision by a person specified in subdivision (b) or (c) of
Section 21065 shall have a certificate of determination attached to
it issued by the local agency responsible for making the
determination that the project is not subject to this division
pursuant to subdivision (b) of Section 21080 or Section 21172. The
certificate of determination may be in the form of a certified copy
of an existing document or record of the local agency.
(c) All notices filed pursuant to this section shall be available
for public inspection, and shall be posted within 24 hours of receipt
in the office of the county clerk. A notice shall remain posted for
a period of 30 days. Thereafter, the clerk shall return the notice to
the local agency with a notation of the period it was posted. The
local agency shall retain the notice for not less than 12 months.
21152.1. (a) When a local agency determines that a project is not
subject to this division pursuant to Section 21159.22, 21159.23, or
21159.24, and it approves or determines to carry out that project,
the local agency or the person specified in subdivision (b) or (c) of
Section 21065, shall file notice of the determination with the
Office of Planning and Research.
(b) All notices filed pursuant to this section shall be available
for public inspection, and a list of these notices shall be posted on
a weekly basis in the Office of Planning and Research. Each list
shall remain posted for a period of 30 days.
(c) Failure to file the notice required by this section does not
affect the validity of a project.
(d) Nothing in this section affects the time limitations contained
in Section 21167.
21153. (a) Prior to completing an environmental impact report,
every local lead agency shall consult with, and obtain comments from,
each responsible agency, trustee agency, any public agency that has
jurisdiction by law with respect to the project, and any city or
county that borders on a city or county within which the project is
located unless otherwise designated annually by agreement between the
local lead agency and the city or county, and may consult with any
person who has special expertise with respect to any environmental
impact involved. In the case of a project described in subdivision
(c) of Section 21065, the local lead agency shall, upon the request
of the project applicant, provide for early consultation to identify
the range of actions, alternatives, mitigation measures, and
significant effects to be analyzed in depth in the environmental
impact report. The local lead agency may consult with persons
identified by the project applicant who the applicant believes will
be concerned with the environmental effects of the project and may
consult with members of the public who have made written request to
be consulted on the project. A request by the project applicant for
early consultation shall be made not later than 30 days after the
date that the determination required by Section 21080.1 was made with
respect to the project. The local lead agency may charge and collect
a fee from the project applicant in an amount that does not exceed
the actual costs of the consultations.
(b) In the case of a project described in subdivision (a) of
Section 21065, the lead agency may provide for early consultation to
identify the range of actions, alternatives, mitigation measures, and
significant effects to be analyzed in depth in the environmental
impact report. At the request of the lead agency, the Office of
Planning and Research shall ensure that each responsible agency, and
any public agency that has jurisdiction by law with respect to the
project, is notified regarding any early consultation.
(c) A responsible agency or other public agency shall only make
substantive comments regarding those activities involved in a project
that are within an area of expertise of the agency or that are
required to be carried out or approved by the agency. Those comments
shall be supported by specific documentation.
21154. Whenever any state agency, board, or commission issues an
order which requires a local agency to carry out a project which may
have a significant effect on the environment, any environmental
impact report which the local agency may prepare shall be limited to
consideration of those factors and alternatives which will not
conflict with such order.
