Chapter 5Submission of Information

Section § 21160

Explanation

When someone wants a lease, permit, or similar approval from a public agency, the agency can ask for information to see if the project could harm the environment or if a detailed environmental report is needed. If any of the information provided is a 'trade secret'—a type of protected confidential information—it can't be shared or used in the report except between public agencies that need it for their work on the report.

(a)CA Public Resources Code § 21160(a) Whenever any person applies to any public agency for a lease, permit, license, certificate, or other entitlement for use, the public agency may require that person to submit data and information that may be necessary to enable the public agency to determine whether the proposed project may have a significant effect on the environment or to prepare an environmental impact report.
(b)CA Public Resources Code § 21160(b) If any or all of the information so submitted is a “trade secret” as defined in Section 7924.510 of the Government Code by those submitting that information, it shall not be included in the impact report or otherwise disclosed by any public agency. This section shall not be construed to prohibit the exchange of properly designated trade secrets between public agencies who have lawful jurisdiction over the preparation of the impact report.
public agency approval environmental impact report significant effect on environment lease application permit requirements license data submission certificate for use entitlement for use trade secret protection confidential information data submission for projects inter-agency information exchange preparation of impact report environmental assessment requirements Government Code Section 7924.510
(Amended by Stats. 2021, Ch. 615, Sec. 380. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)

Section § 21161

Explanation

When a public agency completes an environmental document for a project, they must file a notice of completion online with the Office of Planning and Research. This notice needs to include basic project details, like its location using latitude and longitude, and confirm that the environmental document is done. Not sending this notice doesn't invalidate the project.

Whenever a public agency has completed an environmental document, it shall cause a notice of completion of that report to be filed with the Office of Planning and Research using the Office of Planning and Research’s online process. The public agency is not required to mail a printed copy of the notice of completion to the Office of Planning and Research. The notice of completion shall briefly identify the project and shall indicate that an environmental document has been prepared. The notice of completion shall identify the project location by latitude and longitude. Failure to file the notice required by this section shall not affect the validity of a project.
public agency environmental document notice of completion Office of Planning and Research online process project location latitude and longitude environmental reporting project validity environmental regulations project identification environmental compliance
(Amended by Stats. 2021, Ch. 97, Sec. 9. (AB 819) Effective January 1, 2022.)