DIVISION 13. ENVIRONMENTAL QUALITY [21000. - 21189.91.]
Division 13 added by Stats. 1970, Ch. 1433.
§§ 21000–21189.91 · 301 sections
CHAPTER 1. Policy §§ 21000–21006 · 10 sections
- § 21000 The Legislature finds and declares as follows: (a) The maintenance of a quality environment for the people of this state now and in the future is a matter of…
- § 21001 The Legislature further finds and declares that it is the policy of the state to: (a) Develop and maintain a high-quality environment now and in the future,…
- § 21001.1 The Legislature further finds and declares that it is the policy of the state that projects to be carried out by public agencies be subject to the same level…
- § 21002 The Legislature finds and declares that it is the policy of the state that public agencies should not approve projects as proposed if there are feasible…
- § 21002.1 In order to achieve the objectives set forth in Section 21002, the Legislature hereby finds and declares that the following policy shall apply to the use of…
- § 21003 The Legislature further finds and declares that it is the policy of the state that: (a) Local agencies integrate the requirements of this division with…
- § 21003.1 The Legislature further finds and declares it is the policy of the state that: (a) Comments from the public and public agencies on the environmental effects of…
- § 21004 In mitigating or avoiding a significant effect of a project on the environment, a public agency may exercise only those express or implied powers provided by…
- § 21005 (a) The Legislature finds and declares that it is the policy of the state that noncompliance with the information disclosure provisions of this division which…
- § 21006 The Legislature finds and declares that this division is an integral part of any public agency’s decisionmaking process, including, but not limited to, the…
CHAPTER 2. Short Title § 21050 · 1 section
- § 21050 This division shall be known and may be cited as the California Environmental Quality Act.
CHAPTER 2.5. Definitions §§ 21060–21074 · 30 sections
- § 21060 Unless the context otherwise requires, the definitions in this chapter govern the construction of this division.
- § 21060.1 (a) “Agricultural land” means prime farmland, farmland of statewide importance, or unique farmland, as defined by the United States Department of Agriculture…
- § 21060.2 (a) “Bus rapid transit” means a public mass transit service provided by a public agency or by a public-private partnership that includes all of the following…
- § 21060.3 “Emergency” means a sudden, unexpected occurrence, involving a clear and imminent danger, demanding immediate action to prevent or mitigate loss of, or damage…
- § 21060.4 “Distribution center” means a warehouse distribution center, as defined in Section 2100 of the Labor Code, that is 50,000 square feet or larger.
- § 21060.5 “Environment” means the physical conditions which exist within the area which will be affected by a proposed project, including land, air, water, minerals,…
- § 21061 “Environmental impact report” means a detailed statement setting forth the matters specified in Sections 21100 and 21100.1; provided that information or data…
- § 21061.1 “Feasible” means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social,…
- § 21061.2 “Land evaluation and site assessment” means a decisionmaking methodology for assessing the potential environmental impact of state and local projects on…
- § 21061.3 “Infill site” means a site in an urbanized area that meets either of the following criteria: (a) The site has not been previously developed for urban uses and…
- § 21062 “Local agency” means any public agency other than a state agency, board, or commission. For purposes of this division a redevelopment agency and a local agency…
- § 21063 “Public agency” includes any state agency, board, or commission, any county, city and county, city, regional agency, public district, redevelopment agency, or…
- § 21064 “Negative declaration” means a written statement briefly describing the reasons that a proposed project will not have a significant effect on the environment…
- § 21064.3 “Major transit stop” means a site containing any of the following: (a) An existing rail or bus rapid transit station. (b) A ferry terminal served by either a…
- § 21064.5 “Mitigated negative declaration” means a negative declaration prepared for a project when the initial study has identified potentially significant effects on…
- § 21064.8 “Oil and gas infrastructure” means a facility used for the production, processing, transmission, storage, or distribution of petroleum or natural gas.
- § 21065 “Project” means an activity which may cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the…
- § 21065.3 “Project-specific effect” means all the direct or indirect environmental effects of a project other than cumulative effects and growth-inducing effects.
- § 21065.5 “Geothermal exploratory project” means a project as defined in Section 21065 composed of not more than six wells and associated drilling and testing equipment,…
- § 21066 “Person” includes any person, firm, association, organization, partnership, business, trust, corporation, limited liability company, company, district, county,…
- § 21067 “Lead agency” means the public agency which has the principal responsibility for carrying out or approving a project which may have a significant effect upon…
- § 21067.5 “Natural and protected lands” means sites located within any of the following locations: (a) The state park system, as described in Article 1 (commencing with…
- § 21068 “Significant effect on the environment” means a substantial, or potentially substantial, adverse change in the environment.
- § 21068.5 “Tiering” or “tier” means the coverage of general matters and environmental effects in an environmental impact report prepared for a policy, plan, program or…
- § 21069 “Responsible agency” means a public agency, other than the lead agency, which has responsibility for carrying out or approving a project.
- § 21070 “Trustee agency” means a state agency that has jurisdiction by law over natural resources affected by a project, that are held in trust for the people of the…
- § 21071 “Urbanized area” means either of the following: (a) An incorporated city that meets either of the following criteria: (1) Has a population of at least 100,000…
- § 21072 “Qualified urban use” means any residential, commercial, public institutional, transit or transportation passenger facility, or retail use, or any combination…
- § 21073 “California Native American tribe” means a Native American tribe located in California that is on the contact list maintained by the Native American Heritage…
- § 21074 (a) “Tribal cultural resources” are either of the following: (1) Sites, features, places, cultural landscapes, sacred places, and objects with cultural value…
CHAPTER 2.6. General §§ 21080–21098 · 121 sections
- § 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…
- § 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…
- § 21080.02 This division shall not apply to any activity or approval necessary for or incidental to planning, design, site acquisition, construction, operation, or…
- § 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…
- § 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…
- § 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…
- § 21080.07 This division shall not apply to any activity or approval necessary for or incidental to planning, design, site acquisition, construction, operation, or…
- § 21080.085 (a) This division does not apply to a rezoning that implements the schedule of actions contained in an approved housing element pursuant to subdivision (c) of…
- § 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…
- § 21080.091 The University of California and the California State University are not required to conduct a “no project” alternative analysis described in subdivision (e)…
- § 21080.1 (a) The lead agency shall be responsible for determining whether the project is exempt from this division and whether an environmental impact report, a…
- § 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…
- § 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…
- § 21080.3.1 (a) The Legislature finds and declares that California Native American tribes traditionally and culturally affiliated with a geographic area may have expertise…
- § 21080.3.2 (a) As a part of the consultation pursuant to Section 21080.3.1, the parties may propose mitigation measures, including, but not limited to, those recommended…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 21080.12 (a) This division does not apply to actions of the Office of Planning and Research and its subsidiary entities to provide financial assistance for planning,…
- § 21080.13 (a) This division shall not apply to any railroad grade separation project that eliminates an existing grade crossing or that reconstructs an existing grade…
- § 21080.14 (a) This division does not apply to the closure of a railroad grade crossing by order of the Public Utilities Commission pursuant to Chapter 6 (commencing with…
- § 21080.17 This division does not apply to the adoption of an ordinance by a city or county to implement Section 65852.1 of, or Article 2 (commencing with Section 66314)…
- § 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…
- § 21080.19 This division does not apply to a project for restriping of streets or highways to relieve traffic congestion.
- § 21080.20 (a) (1) (A) This division does not apply to an active transportation plan, a pedestrian plan, or a bicycle transportation plan for the restriping of streets…
- § 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…
- § 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…
- § 21080.23 (a) This division does not apply to any project which consists of the inspection, maintenance, repair, restoration, reconditioning, relocation, replacement, or…
- § 21080.24 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…
- § 21080.25 (a) For purposes of this section, the following definitions apply: (1) “Affordable housing” means any of the following: (A) Housing that is subject to a…
- § 21080.26 This division does not apply to minor alterations to utilities made for the purposes of complying with Sections 116410 and 116415 of the Health and Safety Code…
- § 21080.27 (a) For purposes of this section, the following definitions apply: (1) “Affordable cost” has the same meaning as “affordable housing cost” as defined in…
- § 21080.27.5 (a) This division does not apply to any of the following activities by a local agency: (1) An action to lease or facilitate the lease of land owned by the…
- § 21080.28 (a) This division does not apply to either of the following: (1) The acquisition, sale, or other transfer of interest in land by a public agency for any of the…
- § 21080.28.5 (a) It is the intent of the Legislature in enacting this section to clarify the applicability of this division to the provision of public access within a park…
- § 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…
- § 21080.30 (a) For purposes of this section, “real estate transaction” means the acquisition or disposition of any interest in real property. (b) This division does not…
- § 21080.31 (a) For purposes of this section, the following terms have the following definitions: (1) “Adequate supply” has the same meaning as set forth in subdivision…
- § 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…
- § 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…
- § 21080.34 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…
- § 21080.35 (a) Except as provided in subdivision (d), this division does not apply to the installation of a solar energy system on the roof of an existing building or at…
- § 21080.40 (a) For purposes of this section, the following definitions apply: (1) “Affordable housing project” means a project consisting of multifamily residential uses…
- § 21080.42 (a) The following transportation projects are exempt from this division: (1) U.S. Highway 101 interchange modification, adding southbound auxiliary lane and…
- § 21080.43 The Legislature finds and declares all of the following: (a) The Legislature reaffirms that the California Environmental Quality Act (CEQA) established…
- § 21080.44 (a) For purposes of this section, all of the following definitions apply: (1) “Department” means the Department of Housing and Community Development. (2)…
- § 21080.45 (a) This division does not apply to a new agricultural employee housing project that complies with Section 21159.22, meets the requirements of paragraphs (1)…
- § 21080.46 (a) Without limiting any other statutory exemption or categorical exemption, this division does not apply to the adoption of an ordinance by a city, county, or… see note
- § 21080.47 (a) For purposes of this section, the following definitions apply: (1) “Community water system” means a public water system that serves at least 15 service…
- § 21080.48 (a) This division does not apply to a project, as defined in Section 21080.47, that is a community water system that is funded pursuant to the Safe Drinking…
- § 21080.49 This division does not apply to any of the following wildfire risk reduction projects, if the project is in compliance with all other applicable laws,…
- § 21080.50 (a) For purposes of this section, the following definitions apply: (1) “Interim motel housing project” or “project” means the conversion of a structure with a…
- § 21080.51 (a) This division does not apply to a project undertaken by any entity, including a public entity or private or nonprofit corporation, that consists of linear…
- § 21080.55 This division does not apply to updates to the state’s climate adaptation strategy, known as the plan, adopted by the Natural Resources Agency pursuant to…
- § 21080.56 (a) This division does not apply to a project that is exclusively one of the following: (1) A project to conserve, restore, protect, or enhance, and assist in…
- § 21080.57 This division does not apply to any activity or approval necessary for or incidental to planning, design, site acquisition, construction, operation, or…
- § 21080.58 (a) For purposes of this section, the following definitions apply: (1) “Faculty and staff housing project” means one or more housing facilities to be occupied…
- § 21080.61 (a) This division does not apply to routine maintenance of public stormwater facilities that are fully concrete or have a conveyance capacity of less than a…
- § 21080.62 (a) This division does not apply to any activity or approval necessary for the completion of the public and state veterans cemetery in Gypsum Canyon in the…
- § 21080.66 (a) Without limiting any other statutory or categorical exemption, this division does not apply to any aspect of a housing development project, as defined in…
- § 21080.69 (a) Except as provided in subdivision (b), this division does not apply to any of the following projects: (1) A project that consists exclusively of a day care…
- § 21080.70 (a) This division does not apply to a project that consists of the development, construction, or operation of a heavy maintenance facility or other maintenance…
- § 21080.73 Notwithstanding any other law, a housing development project, as defined in paragraph (2) of subdivision (h) of Section 65589.5 of the Government Code, that…
- § 21080.81 (a) The Legislature finds and declares all of the following: (1) The Legislature recognizes the significance of oil and gas production in the County of Kern,…
- § 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…
- § 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…
- § 21081.3 (a) Except as specified in subdivision (b), a lead agency is not required to evaluate the aesthetic effects of a project and aesthetic effects shall not be…
- § 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…
- § 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…
- § 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…
- § 21082 All public agencies shall adopt by ordinance, resolution, rule, or regulation, objectives, criteria, and procedures for the evaluation of projects and the…
- § 21082.1 (a) A draft environmental impact report, environmental impact report, negative declaration, or mitigated negative declaration prepared pursuant to the…
- § 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…
- § 21082.3 (a) Any mitigation measures agreed upon in the consultation conducted pursuant to Section 21080.3.2 shall be recommended for inclusion in the environmental…
- § 21082.4 In describing and evaluating a project in an environmental review document prepared pursuant to this division, the lead agency may consider specific economic,…
- § 21083 (a) The Office of Planning and Research shall prepare and develop proposed guidelines for the implementation of this division by public agencies. The…
- § 21083.01 (a) On or after January 1, 2013, at the time of the next review of the guidelines prepared and developed to implement this division pursuant to subdivision (f)…
- § 21083.03 (a) (1) On or before July 1, 2027, the Office of Land Use and Climate Innovation shall map the eligible urban infill sites within every urbanized area or urban…
- § 21083.05 The Office of Planning and Research and the Natural Resources Agency shall periodically update the guidelines for the mitigation of greenhouse gas emissions or…
- § 21083.09 On or before July 1, 2016, the Office of Planning and Research shall prepare and develop, and the Secretary of the Natural Resources Agency shall certify and…
- § 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…
- § 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…
- § 21083.3 (a) If a parcel has been zoned to accommodate a particular density of development or has been designated in a community plan to accommodate a particular…
- § 21083.4 (a) For purposes of this section, “oak” means a native tree species in the genus Quercus, not designated as Group A or Group B commercial species pursuant to…
- § 21083.5 (a) The guidelines prepared and adopted pursuant to Section 21083 shall provide that, when an environmental impact statement has been, or will be, prepared for…
- § 21083.6 In the event that a project requires both an environmental impact report prepared pursuant to the requirements of this division and an environmental impact…
- § 21083.7 (a) In the event that a project requires both an environmental impact report prepared pursuant to the requirements of this division and an environmental impact…
- § 21083.8.1 (a) (1) For purposes of this section, “reuse plan” for a military base means an initial plan for the reuse of a military base adopted by a local government or…
- § 21083.9 (a) Notwithstanding Section 21080.4, 21104, or 21153, a lead agency shall call at least one scoping meeting for either of the following: (1) A proposed project…
- § 21084 (a) The guidelines prepared and adopted pursuant to Section 21083 shall include a list of classes of projects that have been determined not to have a…
- § 21084.1 A project that may cause a substantial adverse change in the significance of an historical resource is a project that may have a significant effect on the…
- § 21084.2 A project with an effect that may cause a substantial adverse change in the significance of a tribal cultural resource is a project that may have a significant…
- § 21084.3 (a) Public agencies shall, when feasible, avoid damaging effects to any tribal cultural resource. (b) If the lead agency determines that a project may cause a…
- § 21085 For purposes of this division, for residential projects, the effects of noise generated by project occupants and their guests on human beings is not a…
- § 21085.2 (a) For purposes of this section, the following definitions apply: (1) “Long-range development plan” means a physical development and land use plan to meet the…
- § 21086 (a) A public agency may, at any time, request the addition or deletion of a class of projects, to the list designated pursuant to Section 21084. That request…
- § 21087 (a) For purposes of this section, the following definitions apply: (1) “Equivalent documentation” means a plan or other written documentation described in…
- § 21088 The Secretary of the Resources Agency shall provide for the timely distribution to all public agencies of the guidelines and any amendments or changes thereto.…
- § 21089 (a) A lead agency may charge and collect a reasonable fee from a person proposing a project subject to this division in order to recover the estimated costs…
- § 21090 (a) An environmental impact report for a redevelopment plan may be a master environmental impact report, program environmental impact report, or a project…
- § 21090.1 For all purposes of this division, a geothermal exploratory project shall be deemed to be separate and distinct from any subsequent geothermal field…
- § 21091 (a) The public review period for a draft environmental impact report shall not be less than 30 days. If the draft environmental impact report is for a proposed…
- § 21091.5 Notwithstanding subdivision (a) of Section 21091, or any other provision of this division, the public review period for a draft environmental impact report…
- § 21092 (a) A lead agency that is preparing an environmental impact report or a negative declaration or making a determination pursuant to subdivision (c) of Section…
- § 21092.1 When significant new information is added to an environmental impact report after notice has been given pursuant to Section 21092 and consultation has occurred…
- § 21092.2 (a) The notices required pursuant to Sections 21080.4, 21083.9, 21092, 21108, 21152, and 21161 shall be mailed to every person who has filed a written request…
- § 21092.3 The notices required pursuant to Sections 21080.4 and 21092 for an environmental impact report shall be posted in the office and on the internet website of the…
- § 21092.4 (a) For a project of statewide, regional, or areawide significance, the lead agency shall consult with transportation planning agencies and public agencies…
- § 21092.5 (a) At least 10 days prior to certifying an environmental impact report, the lead agency shall provide a written proposed response to a public agency on…
- § 21092.6 (a) The lead agency shall consult the lists compiled pursuant to Section 65962.5 of the Government Code to determine whether the project and any alternatives…
- § 21093 (a) The Legislature finds and declares that tiering of environmental impact reports will promote construction of needed housing and other development projects…
- § 21094 (a) Where a prior environmental impact report has been prepared and certified for a program, plan, policy, or ordinance, the lead agency for a later project…
- § 21094.5 (a) (1) If an environmental impact report was certified for a planning level decision of a city or county, the application of this division to the approval of…
- § 21094.5.5 (a) The Office of Land Use and Climate Innovation shall prepare, develop, and transmit to the Natural Resources Agency for certification and adoption…
- § 21095 (a) The Resources Agency, in consultation with the Office of Planning and Research, shall develop an amendment to Appendix G of the state guidelines, for…
- § 21096 (a) If a lead agency prepares an environmental impact report for a project situated within airport land use compatibility plan boundaries, or, if an airport…
- § 21097 This division does not apply to the San Quentin Rehabilitation Center, San Quentin: Demolition of Building 38 and Construction of New Educational and…
- § 21098 (a) For purposes of this section, the following terms have the following meanings: (1) “Low-level flight path” includes any flight path for any aircraft owned,…
CHAPTER 2.7. Modernization of Transportation Analysis for Transit-Oriented Infill Projects §§ 21099–21099.5 · 2 sections
- § 21099 (a) For purposes of this section, the following terms mean the following: (1) “Employment center project” means a project located on property zoned for…
- § 21099.5 (a) On or before January 1, 2028, the Department of Housing and Community Development shall conduct and post on its internet website a study on how vehicle…
CHAPTER 3. State Agencies, Boards and Commissions §§ 21100–21108 · 10 sections
- § 21100 (a) All lead agencies shall prepare, or cause to be prepared by contract, and certify the completion of, an environmental impact report on any project which…
- § 21100.1 The information described in subparagraph (B) of paragraph (2) of subdivision (b) of Section 21100 shall be required only in environmental impact reports…
- § 21100.2 (a) (1) For projects described in subdivision (c) of Section 21065, each state agency shall establish, by resolution or order, time limits that do not exceed…
- § 21101 In regard to any proposed federal project in this state which may have a significant effect on the environment and on which the state officially comments, the…
- § 21102 No state agency, board, or commission shall request funds, nor shall any state agency, board, or commission which authorizes expenditures of funds, other than…
- § 21104 (a) Prior to completing an environmental impact report, the state lead agency shall consult with, and obtain comments from, each responsible agency, trustee…
- § 21104.2 The state lead agency shall consult with, and obtain written findings from, the Department of Fish and Game in preparing an environmental impact report on a…
- § 21105 The state lead agency shall include the environmental impact report as a part of the regular project report used in the existing review and budgetary process.…
- § 21106 All state agencies, boards, and commissions shall request in their budgets the funds necessary to protect the environment in relation to problems caused by…
- § 21108 (a) If a state agency approves or determines to carry out a project that is subject to this division, the state agency shall file a notice of determination…
CHAPTER 4. Local Agencies §§ 21150–21154 · 13 sections
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 21152 (a) If a local agency approves or determines to carry out a project that is subject to this division, the local agency shall file a notice of determination…
- § 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…
- § 21153 (a) Prior to completing an environmental impact report, every local lead agency shall consult with, and obtain comments from, each responsible agency, trustee…
- § 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…
CHAPTER 4.2. Implementation of the Sustainable Communities Strategy §§ 21155–21155.4 · 5 sections
- § 21155 (a) This chapter applies only to a transit priority project that is consistent with the general use designation, density, building intensity, and applicable…
- § 21155.1 If the legislative body finds, after conducting a public hearing, that a transit priority project meets all of the requirements of subdivisions (a) and (b) and…
- § 21155.2 (a) A transit priority project that has incorporated all feasible mitigation measures, performance standards, or criteria set forth in the prior applicable…
- § 21155.3 (a) The legislative body of a local jurisdiction may adopt traffic mitigation measures that would apply to transit priority projects. These measures shall be…
- § 21155.4 (a) Except as provided in subdivision (b), a residential, employment center, as defined in paragraph (1) of subdivision (a) of Section 21099, or mixed-use…
CHAPTER 4.3. Housing Sustainability Districts §§ 21155.10–21155.11 · 2 sections
- § 21155.10 A lead agency shall prepare an environmental impact report when designating a housing sustainability district pursuant to Section 66201 of the Government Code…
- § 21155.11 This division does not apply to a housing project undertaken in a housing sustainability district designated by a local government if all of the following are…
CHAPTER 4.5. Streamlined Environmental Review §§ 21156–21159.33 · 28 sections
ARTICLE 1. Findings § 21156 · 1 section
- § 21156 It is the intent of the Legislature in enacting this chapter that a master environmental impact report shall evaluate the cumulative impacts, growth inducing…
ARTICLE 2. Master Environmental Impact Report §§ 21157–21157.7 · 5 sections
- § 21157 (a) A master environmental impact report may be prepared for any one of the following projects: (1) A general plan, element, general plan amendment, or…
- § 21157.1 The preparation and certification of a master environmental impact report, if prepared and certified consistent with this division, may allow for the limited…
- § 21157.5 (a) A proposed mitigated negative declaration shall be prepared for any proposed subsequent project if both of the following occur: (1) An initial study has…
- § 21157.6 (a) The master environmental impact report shall not be used for the purposes of this chapter if either of the following has occurred: (1) The certification of…
- § 21157.7 (a) For purposes of this section, a master environmental impact report is a document prepared in accordance with subdivision (c) for the projects described in…
ARTICLE 3. Focused Environmental Impact Report §§ 21158–21158.5 · 3 sections
- § 21158 (a) A focused environmental impact report is an environmental impact report on a subsequent project identified in a master environmental impact report. A…
- § 21158.1 When a lead agency is required to prepare an environmental impact report pursuant to subdivision (d) of Section 21157.1 or is authorized to prepare a focused…
- § 21158.5 (a) Where a project consists of multiple-family residential development of not more than 100 units or a residential and commercial or retail mixed-use…
ARTICLE 4. Expedited Environmental Review for Environmentally Mandated Projects §§ 21159–21159.4 · 5 sections
- § 21159 (a) An agency listed in Section 21159.4 shall perform, at the time of the adoption of a rule or regulation requiring the installation of pollution control…
- § 21159.1 (a) A focused environmental impact report may be utilized if a project meets all of the following requirements: (1) The project consists solely of the…
- § 21159.2 (a) If a project consists solely of compliance with a performance standard or treatment requirement imposed by an agency listed in Section 21159.4, the lead…
- § 21159.3 In the preparation of any environmental impact report pursuant to Section 21159.1 or 21159.2, the following deadlines shall apply: (a) A lead agency shall…
- § 21159.4 (a) This article shall apply to all of the following agencies: (1) The State Air Resources Board. (2) A district as defined in Section 39025 of the Health and…
ARTICLE 5. Public Assistance Program § 21159.9 · 1 section
- § 21159.9 The Office of Land Use and Climate Innovation shall implement a public assistance and information program to ensure efficient and effective implementation of…
ARTICLE 6. Special Review of Housing Projects §§ 21159.20–21159.28 · 9 sections
- § 21159.20 For the purposes of this article, the following terms have the following meanings: (a) “Census-defined place” means a specific unincorporated land area within…
- § 21159.21 A housing project qualifies for an exemption from this division pursuant to Section 21159.22, 21159.23, or 21159.24 if it meets the criteria in the applicable…
- § 21159.22 (a) This division does not apply to any development project that meets the requirements of subdivision (b), and meets either of the following criteria: (1)…
- § 21159.23 (a) This division does not apply to any development project that consists of the construction, conversion, or use of residential housing consisting of 100 or…
- § 21159.24 (a) Except as provided in subdivision (b), this division does not apply to a project if all of the following criteria are met: (1) The project is a residential…
- § 21159.25 (a) For purposes of this section, the following definitions apply: (1) “Residential or mixed-use housing project” means a project consisting of multifamily…
- § 21159.26 With respect to a project that includes a housing development, a public agency may not reduce the proposed number of housing units as a mitigation measure or…
- § 21159.27 A project may not be divided into smaller projects to qualify for one or more exemptions pursuant to this article.
- § 21159.28 (a) If a residential or mixed-use residential project is consistent with the use designation, density, building intensity, and applicable policies specified…
ARTICLE 7. Program Environmental Impact Report for Clean Infrastructure Projects §§ 21159.30–21159.33 · 4 sections
- § 21159.30 The Legislature finds and declares that it is in the interest of the state to ensure that California’s environmental review processes are streamlined and…
- § 21159.31 For purposes of this article, the following definitions apply: (a) “Energy Commission” means the State Energy Resources Conservation and Development…
- § 21159.32 (a) The Energy Commission shall prepare a program environmental impact report to analyze the development of a class or classes of facility for which the Energy…
- § 21159.33 A public agency considering approval of a specific facility that is within the class or classes of facility described in the program environmental impact…
CHAPTER 5. Submission of Information §§ 21160–21161 · 2 sections
- § 21160 (a) Whenever any person applies to any public agency for a lease, permit, license, certificate, or other entitlement for use, the public agency may require…
- § 21161 Whenever a public agency has completed an environmental document, it shall cause a notice of completion of that report to be filed with the Office of Planning…
CHAPTER 5.5. No Place Like Home Projects §§ 21163–21163.4 · 5 sections
- § 21163 For purposes of this chapter, “No Place Like Home project” means a permanent supportive housing project that meets the criteria for funding pursuant to the No…
- § 21163.1 A decision by a public agency to seek funding from, or the Department of Housing and Community Development’s awarding of funds pursuant to, the No Place Like…
- § 21163.2 If a No Place Like Home project is not eligible for approval as a use by right pursuant to Article 11 (commencing with Section 65650) of Chapter 3 of Division…
- § 21163.3 (a) (1) If a local agency approves or determines to carry out a No Place Like Home project that is subject to this division, the local agency shall file notice…
- § 21163.4 (a) (1) The Department of Housing and Community Development shall notify the Speaker of the Assembly and the President pro Tempore of the Senate when the…
CHAPTER 6. Limitations §§ 21165–21177 · 30 sections
- § 21165 (a) When a project is to be carried out or approved by two or more public agencies, the determination of whether the project may have a significant effect on…
- § 21166 When an environmental impact report has been prepared for a project pursuant to this division, no subsequent or supplemental environmental impact report shall…
- § 21166.1 The decision of a lead agency to prepare an environmental impact report with respect to environmental impacts within a geographic area or for a group of…
- § 21166.2 Notwithstanding Section 21166, the environmental review set forth in the Final Environmental Impact Report for the Lower Klamath Project License Surrender…
- § 21166.3 Notwithstanding Section 21166, the environmental review set forth in the Final Programmatic Environmental Impact Report for the Hollister Ranch Coastal Access…
- § 21167 An action or proceeding to attack, review, set aside, void, or annul the following acts or decisions of a public agency on the grounds of noncompliance with…
- § 21167.1 (a) In all actions or proceedings brought pursuant to Sections 21167, 21168, and 21168.5, including the hearing of an action or proceeding on appeal from a…
- § 21167.2 If no action or proceeding alleging that an environmental impact report does not comply with the provisions of this division is commenced during the period…
- § 21167.3 (a) If an action or proceeding alleging that an environmental impact report or a negative declaration does not comply with the provisions of this division is…
- § 21167.4 (a) In any action or proceeding alleging noncompliance with this division, the petitioner shall request a hearing within 90 days from the date of filing the…
- § 21167.5 Proof of prior service by mail upon the public agency carrying out or approving the project of a written notice of the commencement of any action or proceeding…
- § 21167.6 Notwithstanding any other law, in all actions or proceedings brought pursuant to Section 21167, except as provided in Section 21167.6.2 or those involving the…
- § 21167.6.2 (a) (1) Notwithstanding Section 21167.6, upon the written request of a project applicant received no later than 30 days after the date that the lead agency…
- § 21167.6.5 (a) The petitioner or plaintiff shall name, as a real party in interest, the person or persons identified by the public agency in its notice filed pursuant to…
- § 21167.7 Every person who brings an action pursuant to Section 21167 shall comply with the requirements of Section 388 of the Code of Civil Procedure. Every such person…
- § 21167.8 (a) Not later than 20 days from the date of service upon a public agency of a petition or complaint brought pursuant to Section 21167, the public agency shall…
- § 21167.9 Any action brought in the superior court relating to this division may be subject to a mediation proceeding conducted pursuant to Chapter 9.3 (commencing with…
- § 21168 Any action or proceeding to attack, review, set aside, void or annul a determination, finding, or decision of a public agency, made as a result of a proceeding…
- § 21168.5 In any action or proceeding, other than an action or proceeding under Section 21168, to attack, review, set aside, void or annul a determination, finding, or…
- § 21168.6 In any action or proceeding under Sections 21168 or 21168.5 against the Public Utilities Commission the writ of mandate shall lie only from the Supreme Court…
- § 21168.6.2 (a) On and after January 1, 2027, and subject to subdivisions (b) and (c), for a project, located in a geographic area for which the Governor declared a state…
- § 21168.6.6 (a) For purposes of this section, the following terms have the following meanings: (1) “Disadvantaged community” means an area identified by the California…
- § 21168.6.7 (a) For purposes of this section, the following definitions apply: (1) “Applicant” means a public or private entity or its affiliates that proposes the project…
- § 21168.6.8 (a) For the purposes of this section, the following definitions apply: (1) “Applicant” means a private or public entity or its affiliates that proposes to…
- § 21168.7 Sections 21168 and 21168.5 are declaratory of existing law with respect to the judicial review of determinations or decisions of public agencies made pursuant…
- § 21168.9 (a) If a court finds, as a result of a trial, hearing, or remand from an appellate court, that any determination, finding, or decision of a public agency has…
- § 21169 Any project defined in subdivision (c) of Section 21065 undertaken, carried out or approved on or before the effective date of this section and the issuance by…
- § 21173 If any provision of this division or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions…
- § 21174 No provision of this division is a limitation or restriction on the power or authority of any public agency in the enforcement or administration of any…
- § 21177 (a) An action or proceeding shall not be brought pursuant to Section 21167 unless the alleged grounds for noncompliance with this division were presented to…
CHAPTER 6.5. Jobs and Economic Improvement Through Environmental Leadership Act of 2021 §§ 21178–21189.3 · 18 sections
- § 21178 The Legislature finds and declares all of the following: (a) The California Environmental Quality Act (Division 13 (commencing with Section 21000)) requires…
- § 21180 For purposes of this chapter, the following definitions apply: (a) “Applicant” means a public or private entity or its affiliates, or a person or entity that…
- § 21181 This chapter does not apply to a project if the Governor does not certify the project as an environmental leadership development project eligible for…
- § 21182 A person proposing to construct a leadership project may apply to the Governor for certification that the leadership project is eligible for streamlining as…
- § 21183 The Governor may certify a leadership project for streamlining before a lead agency certifies a final environmental impact report for a project under this…
- § 21183.5 (a) For purposes of this section, the following definitions apply: (1) “Project labor agreement” has the same meaning as set forth in paragraph (1) of…
- § 21183.6 (a) The quantification and mitigation of the impacts of a project described in paragraph (1), (2), or (3) of subdivision (b) of Section 21180 from the…
- § 21184 (a) The Governor may certify a project for streamlining under this chapter if it complies with the conditions specified in Section 21183. (b) (1) Before…
- § 21184.5 (a) Notwithstanding any other law, except as provided in subdivision (b), a multifamily residential project certified under this chapter shall provide…
- § 21184.7 The Office of Planning and Research may charge a fee to an applicant seeking certification under this chapter for the costs incurred by the Governor’s office…
- § 21185 The Judicial Council shall adopt a rule of court to establish procedures that require actions or proceedings brought to attack, review, set aside, void, or…
- § 21186 Notwithstanding any other law, the preparation and certification of the record of proceedings for a leadership project certified by the Governor shall be…
- § 21187 Within 10 days of the Governor certifying an environmental leadership development project under this chapter, a lead agency shall, at the applicant’s expense,…
- § 21187.5 (a) For purposes of this section, “project alternative” means an alternative studied in a leadership project’s environmental impact report under Section…
- § 21188 The provisions of this chapter are severable. If any provision of this chapter or its application is held to be invalid, that invalidity shall not affect any…
- § 21189 Except as otherwise provided expressly in this chapter, nothing in this chapter affects the duty of any party to comply with this division.
- § 21189.1 If, before January 1, 2033, a lead agency fails to approve a project certified by the Governor under this chapter, then the certification expires and is no…
- § 21189.3 This chapter shall remain in effect until January 1, 2034, and as of that date is repealed unless a later enacted statute extends or repeals that date.
CHAPTER 6.9. Old Town Center Redevelopment in the City of San Diego §§ 21189.70–21189.70.10 · 11 sections
- § 21189.70 For purposes of this chapter, the following definitions apply: (a) “Lead agency” or “public agency” means SANDAG. (b) “Navy” means the United States Department…
- § 21189.70.1 (a) For purposes of this section, the following definitions apply: (1) “Employment center project” means a project with a floor area ratio of no less than 0.75…
- § 21189.70.2 A transit and transportation facilities project subject to this chapter shall meet all of the following requirements: (a) Any facility that is a part of the… see note
- § 21189.70.3 Notwithstanding any other law, Rules 3.2220 to 3.2237, inclusive, of the California Rules of Court, as may be amended by the Judicial Council, shall apply to… see note
- § 21189.70.4 Notwithstanding any other law, the preparation and certification of the record of proceedings for the transit and transportation facilities project shall be… see note
- § 21189.70.5 (a) If the lead agency fails to certify an environmental impact report for the transit and transportation facilities project before January 1, 2025, Sections…
- § 21189.70.6 (a) The draft and final environmental impact report for the transit and transportation facilities project shall include a notice in not less than 12-point type… see note
- § 21189.70.7 Except as provided in this chapter, an action or proceeding to attack, set aside, void, or annul a determination, finding, or decision of the lead agency… see note
- § 21189.70.8 (a) (1) For a transit and transportation facilities project undertaken by a public agency, except as provided in paragraph (2), an entity shall not be…
- § 21189.70.9 Notwithstanding Section 21189.70.10, the requirements of paragraph (4) of subdivision (b) of Section 21189.70.1 regarding the payment of prevailing wages and…
- § 21189.70.10 Except as provided in Section 21189.70.9, the provisions of this chapter are severable. If any provision of this chapter or its application is held invalid,…
CHAPTER 7. Infrastructure Projects §§ 21189.80–21189.91 · 13 sections
- § 21189.80 The Legislature finds and declares all of the following: (a) This division requires that the environmental impacts of development projects be identified and…
- § 21189.81 For purposes of this chapter, the following definitions apply: (a) “Applicant” means a public or private entity or its affiliates, or a person or entity that…
- § 21189.81.1 (a) For purposes of subdivision (d) of Section 21189.81, an “energy infrastructure project” includes the San Vicente Energy Storage Facility project proposed…
- § 21189.82 (a) (1) (A) The Governor may certify a project as an energy infrastructure project for purposes of this chapter if the project meets the requirements of…
- § 21189.83 (a) In addition to the requirements of Section 21189.82, with respect to any energy infrastructure project or semiconductor or microelectronic project proposed…
- § 21189.84 (a) This chapter applies to a project that is certified by the Governor as an infrastructure project. (b) An applicant may apply to the Governor for…
- § 21189.85 (a) An action or proceeding brought to attack, review, set aside, void, or annul the certification of an environmental impact report for an infrastructure…
- § 21189.86 Notwithstanding any other law, the preparation and certification of the record of proceedings for an infrastructure project shall be performed in the following…
- § 21189.87 (a) Within 10 days of the certification of a project pursuant to Section 21189.82, the lead agency shall, at the applicant’s expense, if applicable, issue a…
- § 21189.88 Except as otherwise provided expressly in this chapter, this chapter does not affect the duty of any party to comply with this division.
- § 21189.89 The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect other…
- § 21189.90 If before January 1, 2033, a lead agency fails to approve an infrastructure project, then the certification is no longer valid.
- § 21189.91 This chapter shall remain in effect only until January 1, 2034, and as of that date is repealed.