Chapter 2.6General
Section § 21080
This law outlines when environmental review is required for projects by public agencies in California. Generally, if a project is discretionary, like changing zoning laws or issuing conditional permits, it needs an environmental review unless there's an exemption. Exemptions include routine maintenance, emergencies, rejected projects, and certain projects related to the Olympics and transportation improvements that don't have significant environmental impacts. If a project doesn’t cause major environmental harm, agencies can issue a 'negative declaration,' meaning no detailed review is needed. However, if there are potential significant impacts, a detailed environmental impact report is required. During public reviews, mitigation measures can be altered if they are equivalent or better at reducing impacts. Legal challenges to project conditions can require a reevaluation if the condition removed was necessary for reducing environmental impacts.
Section § 21080.01
This law states that the rules and regulations outlined in this division do not apply when it comes to any activities or approvals that are necessary for reopening and operating the California Men's Colony West Facility located in San Luis Obispo County.
Section § 21080.02
This law states that certain rules and regulations do not apply to activities related to building and operating a new prison facility near Corcoran in Kings County.
These activities include aspects like planning, design, site selection, construction, and maintenance of the prison.
Section § 21080.03
This law section states that certain environmental regulations do not apply to activities related to the prisons in Kings County and Amador County (Ione) in California. These activities include their development, construction, operation, or maintenance as authorized by specific state statutes from 1983.
Section § 21080.04
This section specifies that California environmental law (CEQA) applies to the passenger rail service project along State Highway 29 from Rocktram to Krug in Napa Valley. The Public Utilities Commission is the lead agency for this project.
The law was enacted to overturn a California Supreme Court decision that previously exempted the Wine Train project from CEQA requirements. However, this section is limited to this specific project and doesn’t give the Public Utilities Commission any new authority over other rail service projects.
Section § 21080.05
This law section states that environmental regulations do not apply to projects by public agencies that involve leasing or purchasing the rail lines used for commuter trains between San Francisco and San Jose. This includes specific railway branches like the Dumbarton and Vasona lines.
Section § 21080.07
This law states that the rules in this division do not apply to activities or approvals related to planning, designing, acquiring sites for, building, operating, or maintaining new prison facilities located in Riverside County or Del Norte County.
Section § 21080.085
This law states that certain rezoning actions related to housing are not subject to environmental review rules if they are part of a housing element plan approved under specific government codes.
However, there are exceptions where the usual rules still apply, such as when rezoning would allow for building distribution centers, oil, and gas infrastructure, or when it involves natural and protected lands. If protected lands are involved in a rezoning but are excluded from it, the exemption can still apply.
In such cases, any excluded parcels are treated separately and must follow standard environmental review processes.
Section § 21080.09
This section deals with how public higher education campuses in California must consider environmental impacts when planning and expanding. Whenever a campus or medical center intends to develop or change its land use, it must prepare an environmental impact report to assess the effects. This includes the long-range development plans of campuses or medical centers. Although changes in student enrollment alone don't qualify as a 'project,' if changes exceed the expectations set out in their plans and cause significant environmental issues, a court can require further environmental review. Notably, any existing court orders limiting enrollment won't be enforceable, and new requirements set by Senate Bill 118 apply even to past enrollment decisions.
Section § 21080.1
This law section explains the responsibilities of a lead agency in deciding if a project is exempt from environmental regulations under this division and if environmental reports are needed. If a housing project might be exempt except for one condition, only the effects due to that condition are reviewed. The report doesn't need to discuss alternatives or growth effects.
However, projects with certain features, like being over four acres, having multiple issues, or involving oil infrastructure, don't qualify for this limited review. The law also defines terms like 'condition' and 'housing development project' for clarity. Lastly, it allows for early consultation on environmental impacts before project applications for specific cases.
Section § 21080.10
This law states that certain actions are exempt from specific environmental regulations. Firstly, extending the timeline for adopting elements of a city or county's general plan doesn't count under this division. Secondly, it doesn't apply to financial or insurance help for low to moderate-income housing projects that are reviewed by other agencies. Lastly, the law exempts local agency contracts for services helping homeless individuals, such as case management or counseling.
Section § 21080.11
This law states that the rules in this division don't apply when the State Lands Commission is resolving disputes about land title or boundaries. It also doesn't apply to land exchanges or leases linked to these resolutions.
Section § 21080.12
This law section states that when the Office of Planning and Research provides financial help for projects concerning land use or climate-related efforts, they don't need to follow certain extensive review processes if another public agency or tribe will handle the environmental review. This exception is recognized because the Office of Planning and Research has a special role in these matters.
Section § 21080.13
This law says that certain railroad projects are not subject to the usual environmental review if they either remove an existing crossing where the tracks meet the road or rebuild an existing separation where the tracks go above or below the road. However, if a state agency decides that a project falls into this category and decides to go ahead, it needs to tell the Office of Planning and Research using a specific process. Similarly, if a local agency makes such a determination, it must notify both the Office of Planning and Research and the county clerk where the project is happening.
Section § 21080.17
This law section states that the rules outlined in this division do not apply when a city or county adopts a local law to implement specific parts of the Government Code related to housing and zoning.
Section § 21080.18
This law states that when a public school for grades kindergarten through 12 closes, or when students are transferred to another school, this action does not need to follow this division as long as the only physical changes at the new location are minor and fall under specific exemptions in the California Administrative Code.
Section § 21080.19
This law states that projects focused on repainting the lines on streets or highways to help reduce traffic jams do not have to follow the usual rules set out in this division.
Section § 21080.2
When an application for a certain type of project is submitted, the lead agency has 30 days to decide if it meets specific legal requirements. They can extend this time by 15 days if both the agency and the person applying agree to it.
Section § 21080.20
This law states that certain transportation plans focused on walking, biking, and rolling (like skateboarding) don't have to go through the usual environmental review process. These plans can involve things like changing street lines, adding bicycle parking, improving traffic signal timing, and adding signs for pedestrians and bikers.
However, each project within these plans must still consider environmental factors, and public hearings must be held to discuss them. If a project isn't covered by regular environmental review, notice must be given to the Planning and Research Office and local county clerk. This particular exemption is valid until January 1, 2030. The law encourages safe and accessible transportation options and aims to reduce reliance on cars.
Section § 21080.21
This law states that certain small pipeline projects do not need to follow the usual regulations. Specifically, if a project involves installing or working on a pipeline that is less than one mile long and located on public streets or rights-of-way, it's exempt from some rules. This applies whether the work is new installation or maintenance on an existing pipeline. However, the law doesn't cover any above-ground facilities associated with these underground pipelines.
Section § 21080.22
This law states that normally, activities local governments undertake when preparing general plan amendments aren't subject to the rules of this division. However, if the Delta Protection Commission approves general plan amendments, then the division's rules do apply.
Additionally, when it comes to a particular regulatory process, a general plan amendment is considered a required plan by the Delta Protection Commission.
Section § 21080.23
This law states that specific pipeline projects are exempt from certain environmental regulations. These projects include activities like inspecting, maintaining, or replacing pipelines or attached equipment if they meet certain criteria.
The project must be less than eight miles long, with active work happening over no more than half a mile at a time. It should be at least eight miles away from any similar project exempted in the last year. The work isn't just for cleaning up hazardous soil, and any such soil found must be reported.
The project needs a plan for public safety notifications, must stay within existing pathways which must be restored afterward. It must follow all local, state, and federal laws related to wetlands and endangered species.
Additionally, those carrying out the project must notify relevant agencies and the public, especially when the work affects private properties, and must get property owner permission where needed. The law does not cover pipe diameter increases or projects within oil refineries.
Section § 21080.24
This law section says that the rules in this division don't apply when air pollution control or quality management districts issue, change, or renew permits under Title V of the Health and Safety Code. However, if the permit involves a physical or operational change to a facility or source, then the rules do apply.
Section § 21080.25
This section outlines exemptions for certain projects, like pedestrian, bicycle, and public transit improvements, from usual environmental review procedures. The section defines key terms like 'affordable housing,' 'bicycle facilities,' and 'transit prioritization projects' and specifies what projects can qualify for exemption, including transit lane conversions and emissions-free transit service infrastructure.
Exempt projects must not expand highway lanes or demolish affordable housing, and they must be carried out by local agencies. For projects over $50 million or $100 million, additional requirements are set, including public meetings and analyses of racial equity and residential displacement impacts.
Projects must use a skilled and trained workforce unless exceptions apply. This statute remains effective until January 1, 2030.
Section § 21080.26
Section § 21080.27
This law defines and outlines procedures for affordable housing and related projects in Los Angeles. It states that specific housing projects, including affordable housing, supportive housing, and transitional housing for youth, are exempt from normal environmental regulations in certain parts of Los Angeles. A project qualifies as affordable housing if all units (excluding manager units) are designated for lower-income households, with a portion possibly for moderate-income families, and must remain affordable for a set number of years via deed restrictions. The law details necessary conditions for project sites, funding sources, wage requirements for workers, and certification needs for projects involving significant construction. Developers must pay prevailing wages and possibly involve project labor agreements. A lead agency must file a notice of exemption if activities qualify for this statute, which is effective until January 1, 2030.
Section § 21080.28
This law section states that certain land transactions by public agencies aren't subject to the usual environmental regulations if they are for preserving natural conditions, restoring habitats, continuing agricultural use, preventing development in floodplains, preserving historical resources, or maintaining open space and parklands.
Even if these dealings might lead to environmental or land use changes, they can proceed without standard restrictions as long as a prior environmental review is conducted before granting any project approval. If a public agency decides that a land activity isn't subject to these rules, it must notify state and local authorities through specific filings.
Section § 21080.29
This law says that if a project in Los Angeles County was approved before this law came into effect, it doesn't have to meet certain road and bridge construction requirements if the developer gave up the right to build them. This is okay if the easement rights were given up because the state wanted to protect a coastal wetlands area of at least 400 acres. Local city rules can't enforce these construction requirements either. Additionally, if the Wildlife Conservation Board buys property within this coastal zone, the trust that controls this land can convey it to the state for conservation or recreation, bypassing certain obligations under other tax codes or probate rules.
Section § 21080.3
Before deciding if a project needs a negative declaration or an environmental impact report, the lead agency must talk with all involved agencies. They can start by reaching out informally. To speed this up, the Office of Planning and Research can help the lead agency figure out which agencies need to be involved. If it's a certain kind of project, the project applicant can also ask for this help.
Section § 21080.30
This law section defines a 'real estate transaction' as buying or selling any interest in real property. It also states that certain actions, approvals, or authorizations related to bond issuance, capital projects, or real estate transactions by the State Public Works Board or the Department of Finance are not subject to this division.
Section § 21080.31
This California law defines terms related to water supply, such as 'adequate supply', 'domestic well', 'safe drinking water', and 'water system'. It lays out specific conditions for a well project to be exempt from certain state regulations. These include classifications such as high-risk wells in need of repair to ensure an adequate supply of safe drinking water, and criteria like not affecting wetlands or being located on a historical site. The law also requires notifying the state if the exemption might affect funding.
Lead agencies must file an exemption notice if they determine a well project is exempt, and this law will repeal on January 1, 2028.
Section § 21080.32
This law applies to publicly owned transit agencies in California, excluding those created under a certain section of the Public Utilities Code. From July 1, 1995, these agencies are exempt from certain environmental review processes when reducing budgets due to insufficient revenue unless the reductions affect transit services designated as environmental mitigation measures. Before making such cuts, the agency must declare a fiscal emergency, hold a public hearing, and address public feedback within 30 days. Fiscal emergencies are defined as when an agency's unrestricted cash and short-term funds are projected to be insufficient within a year. Employee retirement and certain reserves do not count towards this calculation.
Section § 21080.33
This law says that emergency projects to fix existing highways after natural disasters don't have to follow certain environmental rules, unless it's a scenic highway.
These repairs must happen within a year of the damage under the existing highway space. But, this law doesn't cover any projects that want to widen or expand the highway.
Section § 21080.34
This law clarifies that when a government body plans or approves a project to expand a publicly owned airport, it’s considered as either "carrying out or approving a project." This is specifically related to plans that enlarge existing airports owned by a government subdivision, as noted in another part of the law.
Basically, if any local government entity is involved in expanding a public airport, it falls under the scope of certain project management regulations.
Section § 21080.35
This law section establishes that installing solar energy systems on a building's roof or at existing parking lots is generally exempt from environmental regulations, with some exceptions. An 'existing parking lot' is defined as one already in use for vehicle parking for at least two years. A 'solar energy system' includes all materials needed to generate and connect solar energy to a building’s electrical or water system, but excludes substations.
Solar equipment should mainly be on the same parcel as the building, should not exceed 500 square feet, and must avoid protected plants. Exceptions to the exemption apply if federal or state permits are needed due to potential impacts on water quality, endangered species, or streambeds. Additionally, exemption does not apply if solar installation requires the removal of certain protected or old native trees, or if it affects transmission or distribution facilities.
Section § 21080.4
This law outlines the process for communication when an environmental impact report is needed for a project. The lead agency must immediately notify responsible agencies and others about the need for this report. Once notified, these agencies have 30 days to specify what environmental information they need included in the report.
To speed things up, meetings can be requested among the lead agency and others to figure out the necessary environmental information. The Office of Planning and Research helps identify relevant agencies and ensures communication flows smoothly, especially concerning time-sensitive meetings.
Section § 21080.40
This law defines what qualifies as an 'affordable housing project' in California. To be considered such, the project must primarily be for residential use and dedicated to lower-income households. It also needs to meet certain labor and location standards, like being close to public transit or amenities like parks and libraries.
The law exempts certain governmental actions related to these projects from environmental review if they meet specific criteria, such as not posing exposure to significant health hazards or being too close to freeways and active oil extraction zones. If a project qualifies for this exemption, a notice must be filed with the appropriate authorities. This law is valid until January 1, 2033.
Section § 21080.42
This law lists specific transportation projects that are exempt from certain regulations in California. These projects include modifications and expansions on various highways such as U.S. Highway 101, I-805, State Route 99, State Route 12, and State Route 91 in different counties like Santa Clara, San Diego, Tehama, Fresno, San Joaquin, Orange, and San Luis Obispo. The exemptions apply unless the scope of a project changes from what is described after February 1, 2009.
Section § 21080.43
This law reaffirms California's Environmental Quality Act (CEQA) requirements for projects to include mitigation measures that effectively address environmental impacts. The measures must be achievable, proportionate to the impact, and have evidence showing their effectiveness. The law also clarifies that guidelines should support these principles by including up-to-date methods for analyzing transportation impacts, especially in rural settings, by 2026.
The Legislature emphasizes the importance of balanced approaches to mitigate vehicle miles traveled (VMT) impacts and supports strategies like VMT-efficient affordable housing. The program aims to streamline and encourage these efforts, offering project applicants an easier way to contribute to eligible mitigation projects, enhancing statewide practices.
Section § 21080.44
This law primarily deals with how transportation impacts from development projects can be mitigated through funding vehicle miles traveled-efficient affordable housing or related infrastructure. It explains that if a project creates significant transportation issues, the agency in charge can reduce these issues by contributing to a special fund aimed at supporting transit-oriented development.
The money from this fund will be used to finance projects that create affordable housing near transit options, aiming to reduce travel distances and reliance on cars. The statute sets priorities for which projects get funded, favoring those that offer similar benefits in nearby areas.
Guidelines for contributions and project priorities will be established, and the office will consult the public before issuing final rules. It does not affect local agencies' rights to impose their fees related to traffic impacts.
Section § 21080.45
This law explains that certain new agricultural employee housing projects are exempt from this division's rules if they meet specific criteria. The project must align with certain Health and Safety Code requirements and can qualify if funded through specific programs or entities, such as the Joe Serna, Jr. Farmworker Housing Grant, the Office of Migrant Services, local government, or other public or nonprofit funding. Additionally, existing farmworker housing projects being repaired or maintained are also exempt.
Section § 21080.46
This law states that cities and counties in California can adopt ordinances to limit or prohibit the drilling of new groundwater wells, or restrict extractions from existing wells. This can be done by making well permit conditions stricter, especially where land use changes could increase groundwater demand.
The section is valid until July 1, 2017, or as long as the drought emergency declared in January 2014 is active, whichever is later. Once inoperative, the section is officially repealed the following January 1.
However, the law does not apply to issuing permits for new or deeper wells or adopting any ordinances related to new residential, commercial, industrial, or institutional projects. These can require the drilling or increased extraction from groundwater wells even after this law is repealed.
Section § 21080.47
This section defines terms related to water and sewer systems, particularly focusing on helping disadvantaged communities. It clarifies what qualifies as projects like water wells, tanks, and systems that must benefit these communities, outlining what is included and what is excluded. Projects can bypass certain regulatory requirements if they meet specific conditions including not affecting sensitive areas or increasing environmental risks.
Projects must use skilled labor, and several conditions apply depending on whether the project is public or private, like prevailing wage requirements and using a skilled workforce. If a project is exempt from regulations, the entity must confirm compliance with labor and wage standards. There are also reporting obligations and penalties for non-compliance related to labor practices. This section will be effective until January 1, 2032.
Section § 21080.48
This law section states that certain community water system projects do not have to follow the usual environmental review processes if they meet specific criteria. These projects must be funded by the 2024 bond act or the state's Safe and Affordable Funding for Equity and Resilience program, should not involve construction activities, and must provide long-term benefits for climate resiliency, biodiversity, and the recovery of sensitive species. They must also have procedures in place for environmental protection. Importantly, even though these projects are exempt from the usual regulations, they still need to comply with other relevant federal, state, and local laws. This exemption is temporary, expiring on January 1, 2030.
Section § 21080.49
This law specifies that certain wildfire risk reduction projects don't have to follow the usual environmental division laws, as long as they comply with other applicable laws.
Projects exempt from these laws include prescribed fires or fuel reductions up to 50 acres near large subdivisions, defensible space fire clearance around roads, enhancements to home fire resistance near structures in high fire zones, and fuel breaks within 200 feet of structures. These projects must avoid areas of sensitive habitat and follow guidelines to protect wildlife, water quality, and cultural resources.
Section § 21080.5
This law lets certain state agencies in California use a detailed regulatory plan with environmental information instead of an environmental impact report if their program is certified by the Secretary of the Resources Agency. This certification is only for programs that issue use permits or establish standards involving environmental protection.
To get certified, the program must use an interdisciplinary approach and protect the environment as a key goal. It should include measures to minimize environmental harm, consult public agencies, and provide public notices about decisions.
Certification ensures the program meets specific environmental criteria and can be withdrawn if the program changes and no longer meets these standards. Legal challenges to approvals or certifications must be made within 30 days. Specific roles and responsibilities are outlined for counties and air quality management districts.
Section § 21080.50
This section clarifies the conditions under which a motel, hotel, or similar structure can be converted into supportive or transitional housing in California. The conversion qualifies as an 'interim motel housing project' if it doesn't expand individual living units by more than 10% and doesn't significantly impact traffic, noise, air quality, or water quality. The law defines key terms like 'residential hotel,' 'supportive housing,' and 'transitional housing,' all of which focus on providing housing and supportive services to low-income individuals, including those with disabilities. The section also states that such projects are exempt from environmental reviews, and if exempted, a formal notice must be filed with the relevant authorities.
Section § 21080.51
This law states that certain broadband deployment projects, done alongside public roads and within existing rights-of-way, don't fall under some environmental review processes as long as they meet specific conditions. First, the project must be within 30 feet of a road. Second, it should either restore the area if installed underground or use existing utility poles if done above ground.
Third, it must include necessary environmental protection measures, like monitoring construction to protect cultural and biological resources. Fourth, it has to agree to follow local, state, and federal laws related to environmental protection, like those concerning wetlands and endangered species.
Additionally, the project must notify affected public agencies, inform the local public, get property owner permission if using private land, and adhere to local regulations to mitigate any potential negative impacts.
Section § 21080.55
This law specifies that updates to California's climate adaptation strategy are exempt from the rules outlined in this division. Essentially, if the Natural Resources Agency updates the plan, those updates do not have to follow the usual processes in this division.
Section § 21080.56
This law says certain projects aimed at conserving, restoring, protecting, or enhancing California native fish, wildlife, and their habitats are exempt from typical regulations. These projects must offer long-term benefits for climate resilience, biodiversity, and species recovery, and include environmental protection procedures. Construction is allowed only if it's directly related to habitat restoration. The Director of Fish and Wildlife must agree with these assessments, backed by strong evidence and science. Projects still have to comply with other laws and maintain environmental and public health standards.
Also, once a project is deemed exempt, a notice must be filed with the proper agencies within 48 hours. Information is shared online by the Department of Fish and Wildlife, and yearly reports are made to the Legislature. This section is only effective until January 1, 2030.
Section § 21080.57
This section states that certain environmental regulations do not apply to activities related to creating or managing public parks or nonmotorized trails if they are funded by the 2024 Safe Drinking Water, Wildfire Prevention, Drought Preparedness, and Clean Air Bond Act. This includes various tasks like planning, designing, acquiring land, construction, operation, and upkeep associated with these projects.
Section § 21080.58
This section provides specific guidelines for building university housing projects for faculty, staff, and students in California. It defines what counts as faculty, staff, and student housing projects, and describes certain locations where these projects cannot be built, such as farmland, wetlands, high fire zones, and protected animal habitats. The statute allows exemptions from certain requirements if conditions are met, such as obtaining LEED Platinum certification for energy efficiency, limiting vehicle miles traveled, using renewable energy, and maintaining a skilled and trained workforce. Housing projects cannot exceed specified percentages of space for certain uses, like dining or parking, and must predominantly be located near major transit stops. Projects must also avoid displacing tenant housing, historic structures, and cannot exceed certain size limits. The law encourages transparency by requiring public hearings and notice of projects, and it mandates that projects not increase greenhouse gas emissions. This statute will be effective until January 1, 2032.
Section § 21080.61
This section states that certain routine maintenance projects on public stormwater facilities are exempt from this division if they meet specific conditions. These conditions include not increasing the facility's design capacity and being approved by a public agency with pollution-minimizing procedures. Additionally, the project must not adversely affect tribal cultural resources.
Projects approved by a city's non-elected body in cities with populations over one million cannot be appealed. If the project is determined as exempt, a formal notice must be filed with the relevant state and local offices. This exemption is only valid until January 1, 2030.
Section § 21080.62
This law states that California environmental regulations do not apply to the development of the Gypsum Canyon Veterans Cemetery in Orange County if two conditions are met: first, the cemetery is a less intensive land use than what was originally planned in a 2005 environmental report, and second, a specific addendum from 2020 evaluated the cemetery's environmental impacts. This exemption is only valid until January 1, 2030.
Section § 21080.66
This California statute outlines when certain housing development projects are exempt from environmental regulations. To qualify, projects must meet specific conditions, such as being on sites no larger than 20 acres or 4 acres in some cases, and must generally be located in urban areas. The site must have previous urban development, or be surrounded by urban uses.
Projects must align with local planning and zoning laws, and cannot involve demolishing historic structures. Housing developments must include consultations with Native American tribes if culturally relevant resources might be impacted, and ensure certain environmental and health standards are met.
Additionally, construction workers must be paid prevailing wages. Finally, any exempt projects still qualify for certain bonuses and incentives, and local governments must file a notice of exemption for approved projects.
Section § 21080.69
This law section explains that certain types of projects are exempt from specific environmental regulations, except when they're located on natural and protected lands. These projects include day care centers not situated in residential areas, small rural health clinics or federally qualified health centers, nonprofit food banks or food pantries on industrial sites, and advanced manufacturing facilities also on industrial sites.
Section § 21080.70
This law section explains that certain high-speed rail projects in California are exempt from specific environmental review requirements. These exemptions apply to projects involving the development or modification of maintenance facilities or passenger rail stations for electric high-speed trains. To qualify, these projects must have already been evaluated in earlier environmental reports, include all required mitigation measures, and be situated near approved high-speed rail lines. However, projects on protected natural lands are not exempt. Only the projects specifically mentioned in this law are exempt, and all other projects must comply with environmental regulations unless a separate exemption applies.
Section § 21080.73
This law states that certain housing development projects must be treated as discretionary projects, meaning they are subject to more detailed environmental review. This applies when the project is in a city with a population between 85,000 and 95,000, and in a county with a population between 440,000 and 455,000, based on the 2020 Census. Additionally, the project site must include a freshwater wetland, be within a regulatory floodway, or be adjacent to a California historical landmark.
Section § 21080.8
This law section states that when a current rental mobilehome park is converted into a resident-initiated subdivision, cooperative, or condo for mobilehomes, the usual rules don't apply. This is true as long as the conversion doesn't expand or change how the property is currently used.
Section § 21080.9
This law states that certain activities by local governments or state universities related to creating local coastal programs or land use plans are generally not subject to specific environmental review requirements. However, when these plans are certified by the California Coastal Commission, they must comply with those review requirements. Once certified, these plans are used in the Commission’s management program.
Section § 21081
A public agency in California cannot approve a project with significant environmental impacts unless certain conditions are met. These conditions are: making changes to the project to reduce those impacts, having another agency take responsibility for those changes, or determining that mitigation is not practical because of economic, social, or other specific reasons. If mitigation isn't feasible, the agency must find that the project's benefits outweigh its environmental impacts.
Section § 21081.2
This law explains when a city or county doesn't have to conduct new traffic studies for a residential project under certain conditions. For projects with up to 100 units on a site near public transport, and if they follow local plans and have already had environmental concerns addressed previously, they may be exempt from some traffic impact findings.
However, the exemption can't be used if the project proposal happens more than five years after the original environmental review, if there have been significant changes to the area, if past reviews had unresolved traffic issues, or if the project takes up more than four acres. Additionally, cities can still implement safety measures for pedestrians and cyclists, and the law insists on analyzing traffic impacts and acknowledging any potential significant effects.
Section § 21081.3
This law states that when a project involves refurbishing, converting, repurposing, or replacing an existing building that is abandoned, dilapidated, or has been vacant for over a year, a lead agency does not have to evaluate aesthetic effects, provided certain conditions are met. These conditions include the site being near urban areas, the project including housing, not excessively increasing building height, and not creating excessive light or glare. However, aesthetic evaluations must still be done if the project could impact a state scenic highway or historic sites. The law also clarifies the definition of 'dilapidated' and requires filing a notice if aesthetic effects are not assessed. This rule expires on January 1, 2029.
Section § 21081.5
This law section requires that when a public agency makes certain findings, as referenced in another part of the law, these findings must be supported by significant and credible evidence already recorded.
Section § 21081.6
This law outlines how public agencies in California should manage environmental impacts when they approve projects. It requires them to set up a program to monitor and report on how a project will mitigate or avoid significant environmental effects. The lead agency must keep records of its decisions and share where they are stored. Mitigation measures need to be enforceable through conditions in permits or agreements. Agencies responsible for environmental resources must provide guidance or objectives for these measures before the public review period ends. If they submit measures, they should only address resources under their authority. Agencies still retain the power to approve or deny projects based on environmental impact findings.
Section § 21081.7
When a public agency creates a transportation report or monitoring program under the requirements of another law, they must submit this information to both the regional transportation planning agency and the Department of Transportation. This applies if the project is important on a large scale, like statewide or regionally. Both the transportation agency and the Department must set guidelines for how these reports or programs should be submitted.
Section § 21082
This law requires all public agencies to create rules and processes to evaluate projects and produce environmental impact reports, which assess the potential effects of a project on the environment. School districts or other districts that share the same boundaries as a city or county can choose to follow the city's or county's established procedures instead of creating their own. These procedures must align with both the division's rules and guidelines set by the Secretary of the Resources Agency. Agencies have to establish these procedures within 60 days after the Secretary releases the relevant guidelines.
Section § 21082.1
This law mandates that environmental reports, like Environmental Impact Reports (EIRs) or negative declarations, must be prepared by or under the contract of a public agency. Anyone can submit information or comments to these agencies, and such submissions are to be considered and possibly included in the reports. The main public agency, known as the lead agency, must review these documents independently, ensuring they reflect its own judgment. Draft documents must be circulated, and findings must show independent analysis before adopting or certifying them. Finally, these documents need to be posted online by the lead agency and submitted electronically to the State Clearinghouse.
Section § 21082.2
This law explains how a decision is made regarding the environmental impact of a project in California. The lead agency must base its decision on solid evidence from the entire record.
If people disagree about the potential environmental effects, that doesn't mean an environmental impact report is needed unless there's strong evidence of potential harm.
Speculation or assumptions without evidence aren't enough; the evidence must be factual and backed by reasonable assumptions or expert opinions. If strong evidence suggests a significant impact, a report is required.
Additionally, just because a report or its comments say there is a significant impact, it doesn't mean the project actually will have one.
Section § 21082.3
This section deals with projects potentially affecting tribal cultural resources. If a project might impact these resources, the project planners and local tribes must discuss ways to lessen or prevent harm, and these measures should be included in the project's environmental documents. All details about tribal cultural resources shared by tribes during this process remain confidential unless the tribe agrees to disclose them. The agency handling the project must consult with tribes, and if no agreement is reached, they have to consider other ways to reduce harm. Confidential information will be shared only among key parties and kept out of public documents, except in general terms. This law also ensures that state-tribal consultations and confidentiality protections continue without being affected by these requirements.
Section § 21082.4
When an agency evaluates a project in an environmental review, they can take into account various benefits like economic, social, or technological gains, along with any negative consequences of not approving the project. These considerations must be supported by solid evidence and take into account the entire context of the project.
Section § 21083
This section requires the Office of Planning and Research to develop guidelines for public agencies to assess environmental impacts of projects. These guidelines should help agencies determine if projects significantly affect the environment, especially if they degrade environmental quality, have considerable cumulative effects, or adversely impact humans. They also outline how to establish the lead agency for projects and when to submit environmental reports to the State Clearinghouse. The guidelines must be reviewed every two years and adopted with compliance to certain government procedures.
Section § 21083.01
This law requires that after January 1, 2013, during the next update of environmental review guidelines, the Office of Planning and Research must work with the Department of Forestry and Fire Protection to suggest changes that add fire hazard impact questions for projects in high-risk fire areas. These suggestions are given to the Secretary of the Natural Resources Agency. The Secretary has the task of reviewing and approving these changes.
Section § 21083.03
This law tasks the Office of Land Use and Climate Innovation to map eligible urban infill sites within every urban area in California by July 1, 2027. These sites are designated for development that aligns with local plans and certification standards. The goal is to promote compact development that aids in reducing greenhouse emissions, conserving land, supporting sustainable transportation, and enhancing community life.
The process involves local governments reviewing and commenting on draft maps before finalization. Public input is also considered through meetings and comment periods. There are provisions for periodic updates based on changes in land use designations.
The law excludes requirements for compliance with certain government procedural codes when mapping or defining eligible sites, relying instead on localized information.
Section § 21083.05
This law requires the Office of Planning and Research and the Natural Resources Agency to regularly update guidelines related to reducing greenhouse gas emissions. These updates should incorporate new information or standards from the State Air Resources Board, especially about transportation and energy use.
Section § 21083.09
The law requires that by July 1, 2016, California's Office of Planning and Research, along with the Secretary of the Natural Resources Agency, update specific guidelines in the state's environmental review process. The updates need to separate the evaluation of paleontological resources from tribal cultural resources and introduce questions specifically tailored to dealing with tribal cultural resources.
Section § 21083.1
This section ensures that when courts interpret this division of the law or the state guidelines tied to it, they should not add extra steps or rules beyond what is clearly written. The intention is to stick closely to what the law and guidelines specifically state without expanding their requirements.
Section § 21083.2
This law outlines how to handle archaeological resources when evaluating the environmental impact of a project. The lead agency must evaluate the potential impact on unique archaeological resources, which are those with significant scientific or historical value. If a project might harm such resources, the agency should consider ways to preserve them, like designing construction to avoid them or using conservation efforts. If preservation is not possible, the project applicant must cover part of the cost of mitigating the damage. Mitigation costs are capped at a specific percentage of the project's cost, depending on the type of project. Excavation should only happen if necessary, and special provisions may apply if significant resources are found during construction. The costs incurred by local agencies in this process must be paid by the project applicant. This law does not override other relevant legal requirements.
Section § 21083.3
This law section discusses when environmental reviews are needed for certain development projects. If a parcel has been zoned or planned for a specific building density, and an environmental review was previously certified, further reviews only need to address new or unique environmental impacts of the project, unless there's new info showing the impacts are greater than originally thought. Local agencies must address any significant environmental effects with mitigation measures identified in previous environmental reviews.
A project impact isn't considered unique if consistent policies have been adopted that are meant to manage such effects. If a community plan supports zoning changes and follows certain government requirements, related projects might be exempt from detailed reviews. Only individuals who participated in related public hearings can challenge project conformity assessments, unless public notification requirements weren't met.
Finally, older community plans that didn't originally meet the criteria can be amended to align with current standards, provided their environmental reviews are still valid and not legally challenged.
Section § 21083.4
This law focuses on protecting oak woodlands from being significantly affected by development projects in a county. If a county finds a project may harm oak woodlands, it has to implement one or more mitigation strategies. Options include conserving oak lands via easements, planting and maintaining new trees, contributing to an Oak Woodlands Conservation Fund, or using other county-developed measures.
There are certain exceptions where these rules don't apply, like for affordable housing, projects with certain conservation plans, agricultural land use, or specific projects outlined in Public Resources Code. If mitigation strategies are used, they satisfy compliance for oak-related environmental effects, but don't alter other environmental or legal obligations. Lastly, this law does not limit public agency powers related to environmental compliance.
Section § 21083.5
This law section explains that if an environmental impact statement or report is created under the National Environmental Policy Act or the Tahoe Regional Planning Compact for a project, it can be used instead of creating a new environmental impact report, as long as it meets certain requirements. In short, it allows for using existing environmental documents to satisfy state requirements when they are adequate.
Additionally, when a city or county adopts parts of the Tahoe Regional Planning Agency's plan into their general plan, they can use existing environmental documents, but they still need to analyze any environmental impacts not covered in those documents and follow specific procedures. This does not remove the requirement for public review and notice.
Section § 21083.6
If a project requires both a state environmental impact report and a federal environmental impact statement, the project applicant can ask the main overseeing agency for extra time to prepare a combined report. The agency can agree to extend deadlines if doing so will make the process faster overall than creating the two documents separately.
Section § 21083.7
If a project needs both a state environmental impact report and a federal environmental impact statement, the lead agency should try to use the federal document to fulfill state requirements whenever possible. To do this, the lead agency needs to do two things as soon as they can: first, they should consult with the federal agency responsible for the environmental impact statement. Second, they need to notify the federal agency about any meetings to discuss the project.
Section § 21083.9
This law requires a lead agency to hold at least one "scoping meeting" for certain projects. Scoping meetings are necessary for projects affecting highways if requested by the Department of Transportation or for projects with statewide, regional, or significant area impacts. The agency must notify relevant local governments, responsible agencies, and those who have requested notice. The notification can be combined with notices for other public meetings. If a project has a scoping meeting under federal environmental laws, it can count for this requirement if notification rules are met. Additionally, discussions about general plan changes with cities or counties can happen during these scoping meetings, allowing them to provide feedback at the same time.
Section § 21084
This law explains which types of projects are exempt from needing extensive environmental reviews under the California Environmental Quality Act (CEQA), as defined by guidelines in Section 21083. Projects that generally don't harm the environment can be on this exemption list. However, if a project might damage scenic resources near highways, is located on contaminated lands, or significantly affects historical sites, it won't qualify for this exemption.
Furthermore, greenhouse gas emissions alone don't make a project ineligible for exemption if it follows all relevant environmental regulations and local plans.
Section § 21084.1
This law states that if a project could significantly alter a historical resource, it is considered to have an important environmental impact. A historical resource is either listed or eligible to be listed in the California Register of Historical Resources. Resources listed locally or deemed significant by specific criteria are assumed to be historically important unless there is strong evidence to the contrary. Even if a resource isn't officially listed or deemed significant, it can still be considered a historical resource by the relevant agency.
Section § 21084.2
This law says that if a project could significantly harm a tribal cultural resource, it is considered to have a significant environmental impact.
Section § 21084.3
This section requires public agencies to try and avoid harming tribal cultural resources when possible. If a project might significantly impact these resources, and no solutions are found during the consultation process, agencies should consider certain mitigation measures. These measures include planning constructions to avoid resources, incorporating them into greenspaces, and treating them with cultural respect and dignity. Protection can also involve ensuring the cultural integrity and traditional use of resources, keeping them confidential, and establishing permanent conservation easements to manage and preserve these sites appropriately.
Section § 21085
This law states that for residential projects, any noise created by the people living in or visiting the project doesn't count as having a major impact on the environment.
Section § 21085.2
This law concerns residential or mixed-use housing projects related to public higher education in California. A 'long-range development plan' is a blueprint for developing a college or medical center campus to meet academic goals.
Public higher education institutions aren't required to consider other locations for such housing projects in environmental reports if the site is no more than five acres and mostly surrounded by urban development, and the project was already evaluated in the campus's development plan.
Section § 21086
This law allows public agencies to request changes to the list of project types that are considered exempt from certain environmental regulations. They can ask to add or remove a project type by submitting a written request to the Office of Planning and Research, including reasons for their request regarding environmental impact.
The Office reviews the request and recommends to the Secretary of the Resources Agency whether to approve the change.
If approved, the change becomes part of the guidelines for project exemptions, in accordance with other related procedures.
Section § 21088
This law requires the Secretary of the Resources Agency to quickly share guidelines, along with any updates, with all public agencies. They are also allowed to publish a bulletin to notify the public about these guidelines and any changes, as well as inform them when environmental impact reports are completed according to the law.
Section § 21089
This section allows lead agencies to charge fees to project proposers to cover costs of preparing environmental documents like negative declarations or impact reports. However, costs related to lawsuits on noncompliance cannot be recovered. The Department of Fish and Game can charge filing fees, and approvals are not final until these fees are paid. Public agencies can also charge for copies of environmental documents, as long as the fee doesn't exceed the reproduction cost, and can provide these documents electronically. 'Environmental document' covers a range of materials like environmental impact reports and documents prepared according to federal standards.
Section § 21090
This law explains that when a redevelopment plan is proposed, an environmental impact report (EIR) is required. It can be a master, program, or project EIR, and the report must state which type it is. If it's a project EIR, all activities related to the redevelopment are considered one project.
Additional environmental reviews are needed if certain changes or new events occur, as outlined in another section of the law (Section 21166).
Section § 21090.1
This law states that a geothermal exploratory project is considered separate from any later geothermal field development projects. This distinction means that each type of project is evaluated independently of the other for legal purposes.
Section § 21091
This law section explains the required public review periods for environmental documents related to development projects in California. For draft environmental impact reports, the review period is at least 30 days, extending to 45 days if a state agency is involved. Proposed negative declarations must be reviewed for at least 20 days, or 30 days if state agencies are involved. If the State Clearinghouse's review period is longer, the public review period should match that. The law also details processes for submitting comments and requires the lead agency to respond to significant issues raised during the public review period.
Comments can be submitted via email and are treated like written comments. It also talks about potential criteria for shorter review periods, which cannot be less than 30 days for impact reports or 20 days for negative declarations. Such reductions need to be requested by the lead agency and cannot apply to projects with major environmental significance.
Section § 21091.5
This law mandates a minimum public review period of 120 days for draft environmental impact reports on projects that involve expanding or enlarging publicly owned airports. This requirement applies when the project requires acquiring tide, submerged lands, or other lands held in trust for public uses like commerce, navigation, or fisheries.
Section § 21092
This law section outlines the requirements for a lead agency to notify the public about upcoming environmental reports related to projects. If the agency is preparing an environmental impact report or a negative declaration, it must inform the public beforehand. The notice must include a comment period and details about public meetings, the project's location, potential environmental impacts, and how to access relevant documents. Importantly, the notice must be substantially compliant, meaning minor issues won't invalidate it.
The notice must be sent to those who requested it and posted online. It can also be published in a newspaper, displayed at the project site, or mailed directly to nearby property owners. Special rules apply if the project involves burning of certain wastes, requiring additional notification within a quarter-mile radius. Agencies can provide more notice if they choose and combine notifications with other legal requirements for efficiency.
Section § 21092.1
Before an environmental impact report is finalized, if important new information is added, the agency must inform the public and consult again to ensure everyone is aware of these changes. This additional step is required to maintain transparency and proper communication before the report is certified.
Section § 21092.2
This law mandates that certain environmental notices must be sent to individuals who have requested them from the relevant government agency. People can request to receive these notices by mail or email. Those interested need to file a request, which may need to be renewed yearly, and they might have to pay a fee unless they are from another public agency.
Even if someone doesn't receive a notice they requested, an action won’t be invalidated as long as the agency largely follows these rules. Additionally, lawmakers can request information about projects affecting their districts, and these notices must also be available on the agency’s website.
Section § 21092.3
This law says that if there is an environmental impact report for a project, a notice must be posted in the county clerk's office and on their website where the project is happening. This notice should stay up for 30 days. If there's a negative declaration, which means the project likely won't significantly impact the environment, that notice should be posted for 20 days. However, the law might require it to stay posted for 30 days instead. The county clerk has to make sure these notices are posted within 24 hours after they get them.
Section § 21092.4
This law section requires that when a project significantly impacts a wide area, the lead agency must talk to transportation planning agencies and public agencies with nearby transportation facilities. This consultation aims to gather information about how the project might affect roads, public transit, highways, and rail services. The agencies consulted must receive environmental documents related to the project.
Transportation facilities in this context refer to major roads and public transit within five miles and highways and rail services within ten miles of the project.
Section § 21092.5
This California law mandates that a lead agency must give a written response to a public agency's comments on an environmental impact report (EIR) at least 10 days before certifying the report. These responses have to meet specific legal standards.
If a public agency comments on a negative declaration related to a project, the lead agency needs to inform them about any related public hearings. This notification must comply with other legal requirements too.
Importantly, the law does not require the agency to respond to late comments or delay decisions if comments are outside designated periods.
Section § 21092.6
This law requires a lead agency to check specific government lists to see if a project or its alternatives are on a site with potential environmental concerns. The agency must note if a site is on a list not already identified by the project applicant. Details about the lists must be included in environmental notices and reports.
If a lead agency fails to accurately report this information, the California Environmental Protection Agency (CalEPA) must inform the agency of any lists the site is on, once they receive the project's environmental documents. However, CalEPA isn't responsible if they fail to notify the agency.
Section § 21093
This law encourages the use of 'tiering' for environmental impact reports (EIRs) to make the construction of housing and development projects easier and more efficient. Tiering means that instead of repeating the same analysis in each report, issues are only discussed once and later reports build on that analysis while focusing on new, project-specific issues.
It helps avoid repeating the same discussions and focuses on environmental concerns that can be addressed or prevented. Agencies should use tiering whenever it's possible to better concentrate on issues ready for decision and skip duplicated analysis already covered in earlier reports.
Section § 21094
This law talks about using a process called 'tiering' for environmental reviews. If a project follows a larger plan or policy that already got environmental approval, the new project only needs its own report if there are new environmental impacts that weren't covered before. This rule applies when the new project fits the initial plan's goals and local zoning rules.
The new project needs a basic study first to ensure it doesn't have unexpected environmental effects. Public agencies can rely on the original environmental report and the new one. Any new report must refer to and indicate where to access the original report. This system started on January 1, 2016.
Section § 21094.5
This California law deals with how environmental reviews are applied to infill projects, which are developments within already urbanized areas. If there was an environmental impact report (EIR) done for city or county plans, further review for new projects is limited to addressing only new or increased environmental effects that were not covered in the prior report. Infill projects need special consideration to ensure they're consistent with urban plans and environmental guidelines, especially regarding emissions and other standards.
Infill projects can include residential, retail, commercial, transit stations, schools, or public offices on previously developed urban sites. When such a project could cause significant environmental effects not recognized before, the required report doesn’t need to consider alternative locations or growth impacts, simplifying the process. This regulation only kicks in when certain statewide guidelines for infill projects have been set.
Section § 21095
This section talks about how California wants to better analyze the environmental impact when agricultural land is converted to other uses. The Resources Agency, working with the Office of Planning and Research, will update state guidelines to ensure these impacts are assessed thoroughly and accurately.
The Department of Conservation, alongside the USDA, will create a model system for evaluating land and site assessments, but they need to find funding from sources other than the state's general budget. If they find funding and create this model, the Resources Agency might use it instead of making new guidelines.
Section § 21096
This law says that if an environmental impact report is needed for a project located near an airport, within the boundaries of an airport land use compatibility plan, or within two nautical miles of a public airport without such a plan, the report should use resources like the Airport Land Use Planning Handbook to address safety and noise concerns related to the airport.
Moreover, the lead agency cannot simply decide that the project won’t have significant environmental effects (a negative declaration) without considering potential safety risks or noise issues for airport users or nearby residents and workers.
Section § 21097
This law states that certain legal requirements don't apply to specific construction projects at the San Quentin Rehabilitation Center, including the demolition of Building 38, the creation of a new educational and vocational center, and other improvements at this location.
Section § 21098
This section of the law outlines how certain areas are defined and what procedures need to be followed when a project affects military zones in California. A "low-level flight path" is a route under 1,500 feet where military aircraft may fly, and a "military impact zone" is an area near military installations. "Special use airspace" is reserved for specific military activities. If a project falls within these areas and involves major changes like a general plan amendment or is considered significant for a large area, the military must be notified. However, there are exceptions where notification is not required, such as certain response actions under health and safety codes. Projects impacting military activities do not automatically equate to environmental harm unless other environmental adverse effects are present.
Section § 21080.3.1
This law outlines the process for consulting with California Native American tribes about development projects that may affect their cultural resources. Before releasing reports on a project's environmental impact, agencies must consult with tribes if they have asked to be informed about projects in their traditional areas. This consultation request must be made in writing within 30 days. The Native American Heritage Commission will help identify which tribes should be consulted. Tribes have 30 days to respond to notifications about new projects, and agencies must begin consultation within 30 days of a tribe's request.
Section § 21080.3.2
This section talks about California's process for consulting with Native American tribes to address potential impacts of projects on tribal cultural resources. It outlines that during consultations, parties can propose measures to lessen negative effects on these resources or suggest alternative projects. If tribes request it, consultations must cover project alternatives and mitigation strategies. The consultation process ends either when the parties agree on ways to mitigate impacts or when it's determined that an agreement can't be reached after trying in good faith.
Moreover, this section allows tribes and the public to provide information about the significance of these resources and the impacts on them. It also allows the project to be changed as a result of these consultations. Anyone involved in the consultation must adhere to these principles.
Section § 21080.27.5
This law states that certain activities by a local agency related to setting up or supporting low barrier navigation centers are exempt from specific regulatory requirements. These activities include leasing land, providing financial support, building, operating, and entering into service contracts for such centers. Essentially, this facilitates the establishment and operation of low barrier navigation centers by reducing bureaucratic hurdles.
Additionally, 'low barrier navigation center' is defined according to another section of the Government Code.
Section § 21080.28.5
This law explains that public access can be provided to certain areas within parks or open spaces without needing a detailed environmental review, as long as there are no new physical changes to the land. This is mostly about maintaining trails, roads, and paths for activities like hiking or biking. The rule applies specifically to areas managed by park districts or the Great Redwood Trail Agency.
For this exemption to apply, several conditions must be met, like ensuring the change won't harm cultural or sensitive species and keeping activities low-impact. Public meetings are required for transparency before any changes. Additionally, official notices must be filed if the exemption is used, with the law being valid until January 1, 2030.
Section § 21083.8.1
This section deals with planning for the reuse of closed or realigned military bases. A "reuse plan" is created by local governments and includes development policies, maps, and land designations for areas like housing and industry. When assessing the environmental impact of these plans, the analysis should consider the base's condition when the federal closure was finalized and how it might impact the environment not only now but in the foreseeable future if plans don't proceed.
Reusing bases is considered a single project for environmental review, but further review is necessary if major changes occur. Agencies must hold public hearings to discuss environmental impacts and consult other agencies before completing an environmental impact report. This section requires documentation explaining how reuse plans align with existing standards and the social or economic benefits they bring.
While hazardous substances from the past must be thoroughly reviewed, specific environmental laws like those concerning water and hazardous materials are still applicable. Subsequent development must comply with all federal, state, and local environmental laws.
Section § 21094.5.5
This section establishes that the Office of Land Use and Climate Innovation is responsible for developing guidelines to support infill projects, which are areas of new development within existing urban areas. These guidelines will be certified by the Natural Resources Agency. They aim to promote land use and transportation policies, reduce greenhouse gas emissions and water usage, create efficient transit areas, and ensure public health protection.
Additionally, the guidelines should encourage smart and affordable housing growth and be updated every two years to address potential legal and clarity issues. These updates are meant to help streamline development processes and reduce unnecessary litigation.