Chapter 3State Agencies, Boards and Commissions

Section § 21100

Explanation

If a project might significantly affect the environment, the responsible agency must create an environmental impact report (EIR). This report needs to detail the significant environmental effects of the project, any unavoidable or irreversible impacts, proposed solutions to reduce negative effects, alternatives to the project, and how the project could spur growth.

The report should also explain why some environmental impacts are not considered significant. Significant environmental effects refer to considerable negative changes in the area's physical conditions. Agencies can use existing land use plans when analyzing cumulative impacts.

(a)CA Public Resources Code § 21100(a) All lead agencies shall prepare, or cause to be prepared by contract, and certify the completion of, an environmental impact report on any project which they propose to carry out or approve that may have a significant effect on the environment. Whenever feasible, a standard format shall be used for environmental impact reports.
(b)CA Public Resources Code § 21100(b) The environmental impact report shall include a detailed statement setting forth all of the following:
(1)CA Public Resources Code § 21100(b)(1) All significant effects on the environment of the proposed project.
(2)CA Public Resources Code § 21100(b)(2) In a separate section:
(A)CA Public Resources Code § 21100(b)(2)(A) Any significant effect on the environment that cannot be avoided if the project is implemented.
(B)CA Public Resources Code § 21100(b)(2)(B) Any significant effect on the environment that would be irreversible if the project is implemented.
(3)CA Public Resources Code § 21100(b)(3) Mitigation measures proposed to minimize significant effects on the environment, including, but not limited to, measures to reduce the wasteful, inefficient, and unnecessary consumption of energy.
(4)CA Public Resources Code § 21100(b)(4) Alternatives to the proposed project.
(5)CA Public Resources Code § 21100(b)(5) The growth-inducing impact of the proposed project.
(c)CA Public Resources Code § 21100(c) The report shall also contain a statement briefly indicating the reasons for determining that various effects on the environment of a project are not significant and consequently have not been discussed in detail in the environmental impact report.
(d)CA Public Resources Code § 21100(d) For purposes of this section, any significant effect on the environment shall be limited to substantial, or potentially substantial, adverse changes in physical conditions which exist within the area as defined in Section 21060.5.
(e)CA Public Resources Code § 21100(e) Previously approved land use documents, including, but not limited to, general plans, specific plans, and local coastal plans, may be used in cumulative impact analysis.
environmental impact report significant effects mitigation measures project alternatives growth-inducing impact unavoidable effects irreversible effects cumulative impact analysis detailed statement physical conditions land use documents energy consumption adverse changes environmental assessment general plans
(Amended by Stats. 1994, Ch. 1230, Sec. 9. Effective September 30, 1994.)

Section § 21100.1

Explanation

This section of the law specifies that certain information must be included in environmental impact reports in specific situations. These situations include when a public agency is adopting, amending, or enacting a plan, policy, or ordinance. It also applies when a local agency formation commission adopts a resolution. Additionally, it applies to projects that require an environmental impact statement under the National Environmental Policy Act of 1969.

The information described in subparagraph (B) of paragraph (2) of subdivision (b) of Section 21100 shall be required only in environmental impact reports prepared in connection with the following:
(a)CA Public Resources Code § 21100.1(a) The adoption, amendment, or enactment of a plan, policy, or ordinance of a public agency.
(b)CA Public Resources Code § 21100.1(b) The adoption by a local agency formation commission of a resolution making determinations.
(c)CA Public Resources Code § 21100.1(c) A project which will be subject to the requirement for preparing an environmental impact statement pursuant to the requirements of the National Environmental Policy Act of 1969.
environmental impact reports public agency policies local agency resolutions National Environmental Policy Act environmental impact statement plan adoption policy amendment ordinance enactment local agency formation environmental assessment requirements NEPA compliance public agency ordinances resolution determinations environmental review processes project impact evaluation
(Amended by Stats. 1994, Ch. 1230, Sec. 10. Effective September 30, 1994.)

Section § 21100.2

Explanation

This law sets time limits for California state agencies to complete and certify environmental reviews for certain projects. Agencies must finish environmental impact reports within a year and adopt negative declarations within 180 days when they are the lead agency.

Different types of projects can have different time limits, starting from when a project application is deemed complete. Applications can't be marked incomplete just because time waivers are not signed.

Extensions to these timelines are allowed if necessary and if the project applicant agrees. If an environmental impact report is contracted out, the state has 45 days to finalize the contract after sending a preparation notice, unless both parties agree to more time.

(a)Copy CA Public Resources Code § 21100.2(a)
(1)Copy CA Public Resources Code § 21100.2(a)(1) For projects described in subdivision (c) of Section 21065, each state agency shall establish, by resolution or order, time limits that do not exceed the following:
(A)CA Public Resources Code § 21100.2(a)(1)(A) One year for completing and certifying environmental impact reports.
(B)CA Public Resources Code § 21100.2(a)(1)(B) One hundred eighty days for completing and adopting negative declarations.
(2)CA Public Resources Code § 21100.2(a)(2) The time limits specified in paragraph (1) shall apply only to those circumstances in which the state agency is the lead agency for a project. These resolutions or orders may establish different time limits for different types or classes of projects, but all limits shall be measured from the date on which an application requesting approval of the project is received and accepted as complete by the state agency.
(3)CA Public Resources Code § 21100.2(a)(3) No application for a project may be deemed incomplete for lack of a waiver of time periods prescribed in state regulations.
(4)CA Public Resources Code § 21100.2(a)(4) The resolutions or orders required by this section may provide for a reasonable extension of the time period in the event that compelling circumstances justify additional time and the project applicant consents thereto.
(b)CA Public Resources Code § 21100.2(b) If a draft environmental impact report, environmental impact report, or focused environmental impact report is prepared under a contract to a state agency, the contract shall be executed within 45 days from the date on which the state agency sends a notice of preparation pursuant to Section 21080.4. The state agency may take longer to execute the contract if the project applicant and the state agency mutually agree to an extension of the time limit provided by this subdivision.
(c)CA Public Resources Code § 21100.2(c) This section shall become operative January 1, 2018.
time limits for environmental reviews state agency lead projects environmental impact reports negative declarations project application completion waiver of time periods reasonable extensions draft environmental reports contract contract execution period mutual agreement extension project applicant consent operative January 1 2018 compelling circumstances for extension resolution or order establishment state agency project applications
(Repealed (in Sec. 4) and added by Stats. 2012, Ch. 487, Sec. 5. (AB 2564) Effective September 23, 2012. Section operative January 1, 2018, by its own provisions.)

Section § 21101

Explanation

This law requires California state officials to include a detailed environmental impact statement in their reports when commenting on proposed federal projects that might affect the environment in the state. They must specify all the points outlined in Section 21100 before sending their comments to the federal government. The report cannot be sent without this detailed statement.

In regard to any proposed federal project in this state which may have a significant effect on the environment and on which the state officially comments, the state officials responsible for such comments shall include in their report a detailed statement setting forth the matters specified in Section 21100 prior to transmitting the comments of the state to the federal government. No report shall be transmitted to the federal government unless it includes such a detailed statement as to the matters specified in Section 21100.
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(Added by Stats. 1970, Ch. 1433.)

Section § 21102

Explanation

This law states that state agencies in California cannot request or authorize funds for projects that could significantly impact the environment without including an environmental impact report. However, if the project is only a planning or feasibility study, it doesn't have to include such a report. But even those studies must consider environmental factors.

No state agency, board, or commission shall request funds, nor shall any state agency, board, or commission which authorizes expenditures of funds, other than funds appropriated in the Budget Act, authorize funds for expenditure for any project, other than a project involving only feasibility or planning studies for possible future actions which the agency, board, or commission has not approved, adopted or funded, which may have a significant effect on the environment unless such request or authorization is accompanied by an environmental impact report.
Feasibility and planning studies exempted by this section from the preparation of an environmental impact report shall nevertheless include consideration of environmental factors.
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(Amended by Stats. 1972, Ch. 1154.)

Section § 21104

Explanation

This section mandates that before an environmental impact report is finalized, the state lead agency must consult with various agencies and entities that have a stake in the project. These include responsible agencies, trustee agencies, and any nearby cities or counties. They can also consult experts or concerned individuals.

If the project requires an environmental impact report, the agency must also consult with the State Air Resources Board for input on air pollution concerns related to highways or freeways.

Furthermore, agencies making comments on the project can only do so within their expertise areas or for actions that require their approval. They must back their comments with proper documentation.

(a)CA Public Resources Code § 21104(a) Prior to completing an environmental impact report, the state lead agency shall consult with, and obtain comments from, each responsible agency, trustee agency, any public agency that has jurisdiction by law with respect to the project, and any city or county that borders on a city or county within which the project is located unless otherwise designated annually by agreement between the state lead agency and the city or county, and may consult with any person who has special expertise with respect to any environmental impact involved. In the case of a project described in subdivision (c) of Section 21065, the state lead agency shall, upon the request of the applicant, provide for early consultation to identify the range of actions, alternatives, mitigation measures, and significant effects to be analyzed in depth in the environmental impact report. The state lead agency may consult with persons identified by the applicant who the applicant believes will be concerned with the environmental effects of the project and may consult with members of the public who have made a written request to be consulted on the project. A request by the applicant for early consultation shall be made not later than 30 days after the determination required by Section 21080.1 with respect to the project.
(b)CA Public Resources Code § 21104(b) The state lead agency shall consult with, and obtain comments from, the State Air Resources Board in preparing an environmental impact report on a highway or freeway project, as to the air pollution impact of the potential vehicular use of the highway or freeway.
(c)CA Public Resources Code § 21104(c) A responsible agency or other public agency shall only make substantive comments regarding those activities involved in a project that are within an area of expertise of the agency or that are required to be carried out or approved by the agency. Those comments shall be supported by specific documentation.
environmental impact report state lead agency responsible agency trustee agency air pollution impact highway project freeway project State Air Resources Board early consultation mitigation measures significant effects public agency jurisdiction environmental expertise project consultation air pollution concerns
(Amended by Stats. 2004, Ch. 744, Sec. 3. Effective January 1, 2005.)

Section § 21104.2

Explanation

Before creating an environmental impact report for a project, the state’s main agency must talk to the Department of Fish and Game and get their written opinion. This opinion should detail how the project could affect any endangered or threatened species. This process follows specific rules in the Fish and Game Code.

The state lead agency shall consult with, and obtain written findings from, the Department of Fish and Game in preparing an environmental impact report on a project, as to the impact of the project on the continued existence of any endangered species or threatened species pursuant to Article 4 (commencing with Section 2090) of Chapter 1.5 of Division 3 of the Fish and Game Code.
environmental impact report endangered species threatened species consultation Department of Fish and Game written findings project impact species protection Fish and Game Code Section 2090 Article 4 Division 3 state lead agency environmental consultation species conservation
(Added by Stats. 1984, Ch. 1240, Sec. 3.)

Section § 21105

Explanation

This law requires the state lead agency to include the environmental impact report as part of the regular project report during their review and budgeting. The report must be accessible to the Legislature and the public, with copies available at the cost of production. Moreover, the agency must file the report with local planning agencies in the areas that will be affected by the project.

The state lead agency shall include the environmental impact report as a part of the regular project report used in the existing review and budgetary process. It shall be available to the Legislature. It shall also be available for inspection by any member of the general public, who may secure a copy thereof by paying for the actual cost of such a copy. It shall be filed by the state lead agency with the appropriate local planning agency of any city, county, or city and county which will be affected by the project.
environmental impact report public access Legislature availability cost of copy local planning agency project report state lead agency inspection by public budgetary process affected areas
(Amended by Stats. 1977, Ch. 1200.)

Section § 21106

Explanation

This law requires that all state agencies, boards, and commissions in California must include enough money in their budgets to protect the environment from issues caused by their own operations.

All state agencies, boards, and commissions shall request in their budgets the funds necessary to protect the environment in relation to problems caused by their activities.
state agencies environmental protection budget requests state boards state commissions funds allocation operational impact environmental problems budgeting government activities environmental responsibility state budget agency activities preventative funding resource allocation
(Added by Stats. 1970, Ch. 1433.)

Section § 21108

Explanation

If a California state agency decides to proceed with a project that affects the environment, they must file a notice with the Office of Planning and Research. This notice will state if the project has a significant impact on the environment and if an environmental impact report has been prepared.

If the agency concludes a project doesn't need to go through this process, they can file a notice of exemption instead, which must include a certification. All such notices must be posted online for at least 12 months, and they are to be filed electronically, eliminating the need for mailing printed copies.

(a)CA Public Resources Code § 21108(a) If a state agency approves or determines to carry out a project that is subject to this division, the state agency shall file a notice of determination with the Office of Planning and Research. The notice shall identify the person or persons in subdivision (b) or (c) of Section 21065, as reflected in the agency’s record of proceedings, and indicate the determination of the state agency whether the project will, or will not, have a significant effect on the environment and shall indicate whether an environmental impact report has been prepared pursuant to this division.
(b)CA Public Resources Code § 21108(b) If a state agency determines that a project is not subject to this division pursuant to subdivision (b) of Section 21080 and the state agency approves or determines to carry out the project, the state agency or the person specified in subdivision (b) or (c) of Section 21065 may file a notice of exemption with the Office of Planning and Research. A notice filed pursuant to this subdivision shall identify the person or persons in subdivision (b) or (c) of Section 21065, as reflected in the agency’s record of proceedings. A notice filed pursuant to this subdivision by a person specified in subdivision (b) or (c) of Section 21065 shall have a certificate of determination attached to it issued by the state agency responsible for making the determination that the project is not subject to this division pursuant to subdivision (b) of Section 21080. The certificate of determination may be in the form of a certified copy of an existing document or record of the state agency.
(c)CA Public Resources Code § 21108(c) A notice filed pursuant to this section shall be available for public inspection on the internet website of the Office of Planning and Research for not less than 12 months.
(d)CA Public Resources Code § 21108(d) A notice filed by a state agency pursuant to this section shall be filed electronically with the Office of Planning and Research. The state agency is not required to mail a printed copy of the notice to the Office of Planning and Research.
state agency project approval notice of determination Office of Planning and Research environmental impact significant environmental effect environmental impact report notice of exemption public inspection internet availability electronic filing certificate of determination record of proceedings agency determination project exemption subdivision (b) and (c) of Section 21065
(Amended by Stats. 2022, Ch. 28, Sec. 135. (SB 1380) Effective January 1, 2023.)