Section § 21060

Explanation
This section means that any words or terms used in this part of the law should be understood according to the definitions given in this chapter, unless there's something in the context that suggests a different meaning.
Unless the context otherwise requires, the definitions in this chapter govern the construction of this division.

Section § 21060.1

Explanation

This law defines what is considered 'agricultural land' in California. It includes land classified as prime farmland, farmland of statewide importance, or unique farmland, as per the USDA's criteria tailored for California. If the land hasn't been surveyed under these classifications, it must meet the state's 'prime agricultural land' definitions per another specific section of the Government Code.

(a)CA Public Resources Code § 21060.1(a) “Agricultural land” means prime farmland, farmland of statewide importance, or unique farmland, as defined by the United States Department of Agriculture land inventory and monitoring criteria, as modified for California.
(b)CA Public Resources Code § 21060.1(b) In those areas of the state where lands have not been surveyed for the classifications specified in subdivision (a), “agricultural land” means land that meets the requirements of “prime agricultural land” as defined in paragraph (1), (2), (3), or (4) of subdivision (c) of Section 51201 of the Government Code.

Section § 21060.2

Explanation

This law defines 'bus rapid transit' as a fast, efficient public mass transit service. It must be provided by a public agency or a public-private partnership and have specific features. These include full-time bus lanes or dedicated paths for transportation with service every 15 minutes or less during peak times, transit signal priority to minimize stops, boarding from all doors, a fare system that promotes speed, and clearly defined stations. It also specifies what a 'bus rapid transit station' is — a clearly defined stop for these types of buses.

(a)CA Public Resources Code § 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 features:
(1)CA Public Resources Code § 21060.2(a)(1) Full-time dedicated bus lanes or operation in a separate right-of-way dedicated for public transportation with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods.
(2)CA Public Resources Code § 21060.2(a)(2) Transit signal priority.
(3)CA Public Resources Code § 21060.2(a)(3) All-door boarding.
(4)CA Public Resources Code § 21060.2(a)(4) Fare collection system that promotes efficiency.
(5)CA Public Resources Code § 21060.2(a)(5) Defined stations.
(b)CA Public Resources Code § 21060.2(b) “Bus rapid transit station” means a clearly defined bus station served by a bus rapid transit.

Section § 21060.3

Explanation

The term 'emergency' refers to any unexpected situation that poses a clear danger and requires immediate action to prevent harm to people, property, or crucial public services. Examples include natural disasters like fires and earthquakes, as well as events like riots or accidents that could cause significant disruption or damage.

“Emergency” means a sudden, unexpected occurrence, involving a clear and imminent danger, demanding immediate action to prevent or mitigate loss of, or damage to, life, health, property, or essential public services. “Emergency” includes such occurrences as fire, flood, earthquake, or other soil or geologic movements, as well as such occurrences as riot, accident, or sabotage.

Section § 21060.4

Explanation

This law defines a "distribution center" as a warehouse distribution center that is at least 50,000 square feet in size, based on the definition in a related section of the Labor Code.

“Distribution center” means a warehouse distribution center, as defined in Section 2100 of the Labor Code, that is 50,000 square feet or larger.

Section § 21060.5

Explanation

The term “environment” refers to all the physical conditions in an area that a proposed project might impact. This includes natural elements like land, air, water, minerals, plants, and animals, as well as noise levels and historical or visually important objects.

“Environment” means the physical conditions which exist within the area which will be affected by a proposed project, including land, air, water, minerals, flora, fauna, noise, objects of historic or aesthetic significance.

Section § 21061

Explanation

An Environmental Impact Report (EIR) is a detailed document that evaluates the environmental effects of a proposed project. It references information that is publicly available, which doesn't need to be repeated but should be cited and accessible for public inspection.

The EIR must include comments from relevant sections and is required to help public agencies and the public understand project impacts, suggest ways to reduce negative effects, and propose alternative options.

EIRs need to have an index or summary to aid accessibility, although missing these does not result in legal action under a specific section.

“Environmental impact report” means a detailed statement setting forth the matters specified in Sections 21100 and 21100.1; provided that information or data which is relevant to such a statement and is a matter of public record or is generally available to the public need not be repeated in its entirety in such statement, but may be specifically cited as the source for conclusions stated therein; and provided further that such information or data shall be briefly described, that its relationship to the environmental impact report shall be indicated, and that the source thereof shall be reasonably available for inspection at a public place or public building. An environmental impact report also includes any comments which are obtained pursuant to Section 21104 or 21153, or which are required to be obtained pursuant to this division.
An environmental impact report is an informational document which, when its preparation is required by this division, shall be considered by every public agency prior to its approval or disapproval of a project. The purpose of an environmental impact report is to provide public agencies and the public in general with detailed information about the effect which a proposed project is likely to have on the environment; to list ways in which the significant effects of such a project might be minimized; and to indicate alternatives to such a project.
In order to facilitate the use of environmental impact reports, public agencies shall require that such reports contain an index or table of contents and a summary. Failure to include such index, table of contents, or summary shall not constitute a cause of action pursuant to Section 21167.

Section § 21061.1

Explanation

This section defines "feasible" as something that can be achieved successfully within a reasonable time, considering economic, environmental, social, and technological aspects.

“Feasible” means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors.

Section § 21061.2

Explanation

This law describes a method for evaluating how state and local projects might affect agricultural land. It's a way to assess possible environmental impacts.

“Land evaluation and site assessment” means a decisionmaking methodology for assessing the potential environmental impact of state and local projects on agricultural land.

Section § 21061.3

Explanation

An "infill site" refers to a plot of land in a city area that either hasn't been developed yet or has been used for urban purposes before. If it hasn't been developed before, it must be next to areas already used for city activities, with at least 75% of its border touching such areas. Also, the land shouldn't have any newly created sections in the last 10 years unless by a redevelopment agency. If it has been developed before, then it's simply land previously used for urban functions.

“Infill site” means a site in an urbanized area that meets either of the following criteria:
(a)CA Public Resources Code § 21061.3(a) The site has not been previously developed for urban uses and both of the following apply:
(1)CA Public Resources Code § 21061.3(a)(1) The site is immediately adjacent to parcels that are developed with qualified urban uses, or at least 75 percent of the perimeter of the site adjoins parcels that are developed with qualified urban uses, and the remaining 25 percent of the site adjoins parcels that have previously been developed for qualified urban uses.
(2)CA Public Resources Code § 21061.3(a)(2) No parcel within the site has been created within the past 10 years unless the parcel was created as a result of the plan of a redevelopment agency.
(b)CA Public Resources Code § 21061.3(b) The site has been previously developed for qualified urban uses.

Section § 21062

Explanation

This section defines what a "local agency" is, specifically stating that it's any public agency that isn't a state-level entity like a state agency, board, or commission. It clarifies that both redevelopment agencies and local agency formation commissions are considered local agencies, not state entities.

“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 formation commission are local agencies, and neither is a state agency, board, or commission.

Section § 21063

Explanation

This section defines what is meant by a "public agency" in legal terms. It includes state agencies, boards, commissions, and various regional and local government entities like counties, cities, regional agencies, public districts, and redevelopment agencies.

“Public agency” includes any state agency, board, or commission, any county, city and county, city, regional agency, public district, redevelopment agency, or other political subdivision.

Section § 21064

Explanation

A "negative declaration" is a document that explains why a proposed project won't harm the environment, so there's no need for a detailed environmental impact report.

“Negative declaration” means a written statement briefly describing the reasons that a proposed project will not have a significant effect on the environment and does not require the preparation of an environmental impact report.

Section § 21064.3

Explanation

A "major transit stop" is defined as any location that has certain public transportation features. This could be an existing rail or bus rapid transit station, a ferry terminal with bus or rail connections, or a busy intersection where two or more major bus routes meet, with buses arriving every 20 minutes or less during rush hours.

“Major transit stop” means a site containing any of the following:
(a)CA Public Resources Code § 21064.3(a) An existing rail or bus rapid transit station.
(b)CA Public Resources Code § 21064.3(b) A ferry terminal served by either a bus or rail transit service.
(c)CA Public Resources Code § 21064.3(c) The intersection of two or more major bus routes with a frequency of service interval of 20 minutes or less during the morning and afternoon peak commute periods.

Section § 21064.5

Explanation

A "mitigated negative declaration" is a document prepared for a project that initially seemed like it could harm the environment. However, changes made to the project plans help avoid or reduce these impacts, ensuring no significant environmental harm will happen. The declaration is used when there's no solid evidence that the revised project will still negatively affect the environment.

“Mitigated negative declaration” means a negative declaration prepared for a project when the initial study has identified potentially significant effects on the environment, but (1) revisions in the project plans or proposals made by, or agreed to by, the applicant before the proposed negative declaration and initial study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effect on the environment would occur, and (2) there is no substantial evidence in light of the whole record before the public agency that the project, as revised, may have a significant effect on the environment.

Section § 21064.8

Explanation

This section defines 'oil and gas infrastructure' as any facility involved in producing, processing, transmitting, storing, or distributing petroleum or natural gas.

“Oil and gas infrastructure” means a facility used for the production, processing, transmission, storage, or distribution of petroleum or natural gas.

Section § 21065

Explanation

This section defines what a "project" is in terms of its potential impact on the environment. It includes activities that can cause physical changes, either directly or indirectly, to the environment. Such activities could be done by public agencies or by individuals with support from public agencies through various forms of financial or regulatory assistance. This also covers actions that involve getting permissions like permits or licenses from one or more public agencies.

“Project” means an activity which may cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and which is any of the following:
(a)CA Public Resources Code § 21065(a) An activity directly undertaken by any public agency.
(b)CA Public Resources Code § 21065(b) An activity undertaken by a person which is supported, in whole or in part, through contracts, grants, subsidies, loans, or other forms of assistance from one or more public agencies.
(c)CA Public Resources Code § 21065(c) An activity that involves the issuance to a person of a lease, permit, license, certificate, or other entitlement for use by one or more public agencies.

Section § 21065.3

Explanation

This definition explains that a "project-specific effect" refers to all the environmental impacts a project may have, except for those that are cumulative or that encourage further development.

“Project-specific effect” means all the direct or indirect environmental effects of a project other than cumulative effects and growth-inducing effects.

Section § 21065.5

Explanation

This law defines what a "geothermal exploratory project" is. It involves no more than six wells along with drilling and testing equipment. The main goal of such a project is to check if geothermal resources are present and understand their characteristics. This is done before starting a larger geothermal field development. These wells must be at least a half-mile away from any wells that can commercially produce geothermal resources.

“Geothermal exploratory project” means a project as defined in Section 21065 composed of not more than six wells and associated drilling and testing equipment, whose chief and original purpose is to evaluate the presence and characteristics of geothermal resources prior to commencement of a geothermal field development project as defined in Section 65928.5 of the Government Code. Wells included within a geothermal exploratory project must be located at least one-half mile from geothermal development wells which are capable of producing geothermal resources in commercial quantities.

Section § 21066

Explanation

This law defines the term 'person' very broadly to include businesses, organizations, government entities, and even the United States, along with any of their subdivisions, as long as it's allowed by federal law.

“Person” includes any person, firm, association, organization, partnership, business, trust, corporation, limited liability company, company, district, county, city and county, city, town, the state, and any of the agencies and political subdivisions of those entities, and, to the extent permitted by federal law, the United States, or any of its agencies or political subdivisions.

Section § 21067

Explanation

The term "lead agency" refers to the main public agency responsible for carrying out or approving a project that could significantly impact the environment.

“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 the environment.

Section § 21067.5

Explanation

This law defines what qualifies as 'natural and protected lands' in California. These include various types of lands like state park systems, wilderness areas, and marine protected areas. It also includes areas such as national parks, recreation areas, national monuments, and ecological reserves. Lands that are hazardous waste sites only count if they haven't been deemed suitable for new projects. This includes areas in floodways without certifications, under conservation easements, near wetlands, and environmentally sensitive areas. Also, it covers zones susceptible to high fire hazards unless mitigation measures are in place, as well as lands designated for agricultural protection. Lastly, it includes lands important for natural community conservation or as habitats under various conservation acts.

“Natural and protected lands” means sites located within any of the following locations:
(a)CA Public Resources Code § 21067.5(a) The state park system, as described in Article 1 (commencing with Section 5001) of Chapter 1 of Division 5.
(b)CA Public Resources Code § 21067.5(b) A wilderness area, as defined in Section 5093.32.
(c)CA Public Resources Code § 21067.5(c) A marine protected area, as defined in Section 2852 of the Fish and Game Code.
(d)CA Public Resources Code § 21067.5(d) The national park system, as defined in Section 100102 of Title 54 of the United States Code.
(e)CA Public Resources Code § 21067.5(e) A national recreation area.
(f)CA Public Resources Code § 21067.5(f) A national monument.
(g)CA Public Resources Code § 21067.5(g) The national wild and scenic rivers system, as defined in Section 1273 of Title 16 of the United States Code.
(h)CA Public Resources Code § 21067.5(h) Any ecological reserve or wildlife management area acquired and managed by the Department of Fish and Wildlife pursuant to Article 2 (commencing with Section 1525) or Article 4 (commencing with Section 1580) of Chapter 5 of Division 2 of the Fish and Game Code.
(i)CA Public Resources Code § 21067.5(i) A hazardous waste site that is listed pursuant to Section 65962.5 of the Government Code or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Section 25356 of the Health and Safety Code, unless either of the following apply:
(1)CA Public Resources Code § 21067.5(i)(1) The site is an underground storage tank site that received a uniform closure letter issued pursuant to subdivision (g) of Section 25296.10 of the Health and Safety Code based on closure criteria established by the State Water Resources Control Board for the use proposed by the project. This paragraph does not alter or change the conditions to remove a site from the list of hazardous waste sites listed pursuant to Section 65962.5 of the Government Code.
(2)CA Public Resources Code § 21067.5(i)(2) The State Department of Public Health, State Water Resources Control Board, Department of Toxic Substances Control, or a local agency making a determination pursuant to subdivision (c) of Section 25296.10 of the Health and Safety Code has otherwise determined that the site is suitable for the use proposed by the project.
(j)CA Public Resources Code § 21067.5(j) Within a regulatory floodway as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency, unless the development has received a no-rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations.
(k)CA Public Resources Code § 21067.5(k) Lands under conservation easement.
(l)CA Public Resources Code § 21067.5(l) On, or within a 300-foot radius of, a wetland, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).
(m)CA Public Resources Code § 21067.5(m) An environmentally sensitive area within the coastal zone, as defined in Section 30107.5.
(n)CA Public Resources Code § 21067.5(n) Lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code) or habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), or other adopted natural resource protection plan.
(o)CA Public Resources Code § 21067.5(o) Within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Section 51178 of the Government Code, or within the state responsibility area, as defined in Section 4102. This subdivision does not apply to sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development, including, but not limited to, standards established under all of the following provisions or their successor provisions:
(1)CA Public Resources Code § 21067.5(o)(1) Section 4291 of this code or Section 51182 of the Government Code, as applicable.
(2)CA Public Resources Code § 21067.5(o)(2) Section 4290.
(3)CA Public Resources Code § 21067.5(o)(3) Chapter 7A (commencing with Section 701A.1) of Part 2 of Title 24 of the California Code of Regulations.
(p)CA Public Resources Code § 21067.5(p) Either prime farmland or farmland of statewide importance, as defined pursuant to the United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the Department of Conservation, or land zoned or designated for agricultural protection or preservation by a local ballot measure that was approved by the voters of that jurisdiction.

Section § 21068

Explanation

This law defines what it means for something to have a 'significant effect on the environment'. It refers to any major, or potentially major, negative impact on the environment.

“Significant effect on the environment” means a substantial, or potentially substantial, adverse change in the environment.

Section § 21068.5

Explanation

"Tiering" refers to a method used in environmental planning where broad topics and environmental impacts are first addressed in a general environmental impact report. This is often created for policies, plans, programs, or ordinances. Then, more detailed or specific reports are developed that reference these broader reports, focusing on the environmental impacts that can be reduced or were not previously identified as significant in earlier documents.

“Tiering” or “tier” means the coverage of general matters and environmental effects in an environmental impact report prepared for a policy, plan, program or ordinance followed by narrower or site-specific environmental impact reports which incorporate by reference the discussion in any prior environmental impact report and which concentrate on the environmental effects which (a) are capable of being mitigated, or (b) were not analyzed as significant effects on the environment in the prior environmental impact report.

Section § 21069

Explanation

The term "responsible agency" refers to any public agency, except for the primary one, that is tasked with implementing or giving approval for a project.

“Responsible agency” means a public agency, other than the lead agency, which has responsibility for carrying out or approving a project.

Section § 21070

Explanation

This section defines a 'trustee agency' as a state agency in California that has legal authority over natural resources that are affected by a project and are held in trust for the public.

“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 State of California.

Section § 21071

Explanation

An "urbanized area" in California can be one of two things. First, it could be an incorporated city with a population of 100,000 or more, or a smaller city that combines with one or two neighboring cities to reach that population. Second, it can be an unincorporated area that is either surrounded by cities and matches their population density while totaling at least 100,000 people together, or it is within an urban growth boundary with a dense population of at least 5,000 people per square mile.

This unincorporated area must also have the county board's support for development plans that encourage efficient growth, housing, transportation, and environmental protection while following specific review processes.

“Urbanized area” means either of the following:
(a)CA Public Resources Code § 21071(a) An incorporated city that meets either of the following criteria:
(1)CA Public Resources Code § 21071(a)(1) Has a population of at least 100,000 persons.
(2)CA Public Resources Code § 21071(a)(2) Has a population of less than 100,000 persons if the population of that city and not more than two contiguous incorporated cities combined equals at least 100,000 persons.
(b)CA Public Resources Code § 21071(b) An unincorporated area that satisfies the criteria in both paragraph (1) and (2) of the following criteria:
(1)CA Public Resources Code § 21071(b)(1) Is either of the following:
(A)CA Public Resources Code § 21071(b)(1)(A) Completely surrounded by one or more incorporated cities, and both of the following criteria are met:
(i)CA Public Resources Code § 21071(b)(1)(A)(i) The population of the unincorporated area and the population of the surrounding incorporated city or cities equals not less than 100,000 persons.
(ii)CA Public Resources Code § 21071(b)(1)(A)(ii) The population density of the unincorporated area at least equals the population density of the surrounding city or cities.
(B)CA Public Resources Code § 21071(b)(1)(B) Located within an urban growth boundary and has an existing residential population of at least 5,000 persons per square mile. For purposes of this subparagraph, an “urban growth boundary” means a provision of a locally adopted general plan that allows urban uses on one side of the boundary and prohibits urban uses on the other side.
(2)CA Public Resources Code § 21071(b)(2) The board of supervisors with jurisdiction over the unincorporated area has previously taken both of the following actions:
(A)CA Public Resources Code § 21071(b)(2)(A) Issued a finding that the general plan, zoning ordinance, and related policies and programs applicable to the unincorporated area are consistent with principles that encourage compact development in a manner that does both of the following:
(i)CA Public Resources Code § 21071(b)(2)(A)(i) Promotes efficient transportation systems, economic growth, affordable housing, energy efficiency, and an appropriate balance of jobs and housing.
(ii)CA Public Resources Code § 21071(b)(2)(A)(ii) Protects the environment, open space, and agricultural areas.
(B)CA Public Resources Code § 21071(b)(2)(B) Submitted a draft finding to the Office of Planning and Research at least 30 days prior to issuing a final finding, and allowed the office 30 days to submit comments on the draft findings to the board of supervisors.

Section § 21072

Explanation

This legal section defines "qualified urban use" as any area used for housing, businesses, public services, transportation facilities, shopping, or a mix of these purposes.

“Qualified urban use” means any residential, commercial, public institutional, transit or transportation passenger facility, or retail use, or any combination of those uses.

Section § 21073

Explanation

This law section defines a 'California Native American tribe' as any Native American tribe located in California that is recognized and listed by the Native American Heritage Commission according to certain statutory purposes from the Statutes of 2004.

“California Native American tribe” means a Native American tribe located in California that is on the contact list maintained by the Native American Heritage Commission for the purposes of Chapter 905 of the Statutes of 2004.

Section § 21074

Explanation

This law explains what counts as "tribal cultural resources" in California. These resources can be sites, places, or objects with cultural importance to Native American tribes and must either be eligible for the California Register of Historical Resources or listed in a local historical register. They can also be considered significant by an agency, based on specific criteria and evidence. Additionally, cultural landscapes are tribal resources if they fit these criteria and their boundaries are defined. Certain archaeological or historical resources might also qualify as tribal cultural resources if they meet the necessary criteria.

(a)CA Public Resources Code § 21074(a) “Tribal cultural resources” are either of the following:
(1)CA Public Resources Code § 21074(a)(1) Sites, features, places, cultural landscapes, sacred places, and objects with cultural value to a California Native American tribe that are either of the following:
(A)CA Public Resources Code § 21074(a)(1)(A) Included or determined to be eligible for inclusion in the California Register of Historical Resources.
(B)CA Public Resources Code § 21074(a)(1)(B) Included in a local register of historical resources as defined in subdivision (k) of Section 5020.1.
(2)CA Public Resources Code § 21074(a)(2) A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Section 5024.1. In applying the criteria set forth in subdivision (c) of Section 5024.1 for the purposes of this paragraph, the lead agency shall consider the significance of the resource to a California Native American tribe.
(b)CA Public Resources Code § 21074(b) A cultural landscape that meets the criteria of subdivision (a) is a tribal cultural resource to the extent that the landscape is geographically defined in terms of the size and scope of the landscape.
(c)CA Public Resources Code § 21074(c) A historical resource described in Section 21084.1, a unique archaeological resource as defined in subdivision (g) of Section 21083.2, or a “nonunique archaeological resource” as defined in subdivision (h) of Section 21083.2 may also be a tribal cultural resource if it conforms with the criteria of subdivision (a).