Environmental QualityDefinitions
Section § 21060
This law states that the definitions provided in a specific chapter are used to interpret and understand the terms and provisions in this division, unless there's a specific reason not to.
Section § 21060.1
This law defines what is considered 'agricultural land' in California. It includes land classified as prime farmland, farmland of statewide importance, or unique farmland, as per the USDA's criteria tailored for California. If the land hasn't been surveyed under these classifications, it must meet the state's 'prime agricultural land' definitions per another specific section of the Government Code.
Section § 21060.2
This law defines 'bus rapid transit' as a fast, efficient public mass transit service. It must be provided by a public agency or a public-private partnership and have specific features. These include full-time bus lanes or dedicated paths for transportation with service every 15 minutes or less during peak times, transit signal priority to minimize stops, boarding from all doors, a fare system that promotes speed, and clearly defined stations. It also specifies what a 'bus rapid transit station' is — a clearly defined stop for these types of buses.
Section § 21060.3
The term 'emergency' refers to any unexpected situation that poses a clear danger and requires immediate action to prevent harm to people, property, or crucial public services. Examples include natural disasters like fires and earthquakes, as well as events like riots or accidents that could cause significant disruption or damage.
Section § 21060.4
This law defines a "distribution center" as a warehouse distribution center that is at least 50,000 square feet in size, based on the definition in a related section of the Labor Code.
Section § 21060.5
The term “environment” refers to all the physical conditions in an area that a proposed project might impact. This includes natural elements like land, air, water, minerals, plants, and animals, as well as noise levels and historical or visually important objects.
Section § 21061
An Environmental Impact Report (EIR) is a detailed document that evaluates the environmental effects of a proposed project. It references information that is publicly available, which doesn't need to be repeated but should be cited and accessible for public inspection.
The EIR must include comments from relevant sections and is required to help public agencies and the public understand project impacts, suggest ways to reduce negative effects, and propose alternative options.
EIRs need to have an index or summary to aid accessibility, although missing these does not result in legal action under a specific section.
Section § 21061.1
This section defines "feasible" as something that can be achieved successfully within a reasonable time, considering economic, environmental, social, and technological aspects.
Section § 21061.2
This law describes a method for evaluating how state and local projects might affect agricultural land. It's a way to assess possible environmental impacts.
Section § 21061.3
An "infill site" refers to a plot of land in a city area that either hasn't been developed yet or has been used for urban purposes before. If it hasn't been developed before, it must be next to areas already used for city activities, with at least 75% of its border touching such areas. Also, the land shouldn't have any newly created sections in the last 10 years unless by a redevelopment agency. If it has been developed before, then it's simply land previously used for urban functions.
Section § 21062
This section defines what a "local agency" is, specifically stating that it's any public agency that isn't a state-level entity like a state agency, board, or commission. It clarifies that both redevelopment agencies and local agency formation commissions are considered local agencies, not state entities.
Section § 21063
This section defines what is meant by a "public agency" in legal terms. It includes state agencies, boards, commissions, and various regional and local government entities like counties, cities, regional agencies, public districts, and redevelopment agencies.
Section § 21064
A "negative declaration" is a document that explains why a proposed project won't harm the environment, so there's no need for a detailed environmental impact report.
Section § 21064.3
A "major transit stop" is defined as any location that has certain public transportation features. This could be an existing rail or bus rapid transit station, a ferry terminal with bus or rail connections, or a busy intersection where two or more major bus routes meet, with buses arriving every 20 minutes or less during rush hours.
Section § 21064.5
A "mitigated negative declaration" is a document prepared for a project that initially seemed like it could harm the environment. However, changes made to the project plans help avoid or reduce these impacts, ensuring no significant environmental harm will happen. The declaration is used when there's no solid evidence that the revised project will still negatively affect the environment.
Section § 21064.8
This section defines 'oil and gas infrastructure' as any facility involved in producing, processing, transmitting, storing, or distributing petroleum or natural gas.
Section § 21065
This section defines what a "project" is in terms of its potential impact on the environment. It includes activities that can cause physical changes, either directly or indirectly, to the environment. Such activities could be done by public agencies or by individuals with support from public agencies through various forms of financial or regulatory assistance. This also covers actions that involve getting permissions like permits or licenses from one or more public agencies.
Section § 21065.3
This definition explains that a "project-specific effect" refers to all the environmental impacts a project may have, except for those that are cumulative or that encourage further development.
Section § 21065.5
This law defines what a "geothermal exploratory project" is. It involves no more than six wells along with drilling and testing equipment. The main goal of such a project is to check if geothermal resources are present and understand their characteristics. This is done before starting a larger geothermal field development. These wells must be at least a half-mile away from any wells that can commercially produce geothermal resources.
Section § 21066
This law defines the term 'person' very broadly to include businesses, organizations, government entities, and even the United States, along with any of their subdivisions, as long as it's allowed by federal law.
Section § 21067
The term "lead agency" refers to the main public agency responsible for carrying out or approving a project that could significantly impact the environment.
Section § 21067.5
This law defines what qualifies as 'natural and protected lands' in California. These include various types of lands like state park systems, wilderness areas, and marine protected areas. It also includes areas such as national parks, recreation areas, national monuments, and ecological reserves. Lands that are hazardous waste sites only count if they haven't been deemed suitable for new projects. This includes areas in floodways without certifications, under conservation easements, near wetlands, and environmentally sensitive areas. Also, it covers zones susceptible to high fire hazards unless mitigation measures are in place, as well as lands designated for agricultural protection. Lastly, it includes lands important for natural community conservation or as habitats under various conservation acts.
Section § 21068
This law defines what it means for something to have a 'significant effect on the environment'. It refers to any major, or potentially major, negative impact on the environment.
Section § 21068.5
"Tiering" refers to a method used in environmental planning where broad topics and environmental impacts are first addressed in a general environmental impact report. This is often created for policies, plans, programs, or ordinances. Then, more detailed or specific reports are developed that reference these broader reports, focusing on the environmental impacts that can be reduced or were not previously identified as significant in earlier documents.
Section § 21069
A "responsible agency" is any public agency, apart from the main one overseeing a project, that still has duties related to executing or approving the project.
Section § 21070
This section defines a 'trustee agency' as a state agency in California that has legal authority over natural resources that are affected by a project and are held in trust for the public.
Section § 21071
An "urbanized area" in California can be one of two things. First, it could be an incorporated city with a population of 100,000 or more, or a smaller city that combines with one or two neighboring cities to reach that population. Second, it can be an unincorporated area that is either surrounded by cities and matches their population density while totaling at least 100,000 people together, or it is within an urban growth boundary with a dense population of at least 5,000 people per square mile.
This unincorporated area must also have the county board's support for development plans that encourage efficient growth, housing, transportation, and environmental protection while following specific review processes.
Section § 21072
This legal section defines "qualified urban use" as any area used for housing, businesses, public services, transportation facilities, shopping, or a mix of these purposes.
Section § 21073
This law section defines a 'California Native American tribe' as any Native American tribe located in California that is recognized and listed by the Native American Heritage Commission according to certain statutory purposes from the Statutes of 2004.
Section § 21074
This law explains what counts as "tribal cultural resources" in California. These resources can be sites, places, or objects with cultural importance to Native American tribes and must either be eligible for the California Register of Historical Resources or listed in a local historical register. They can also be considered significant by an agency, based on specific criteria and evidence. Additionally, cultural landscapes are tribal resources if they fit these criteria and their boundaries are defined. Certain archaeological or historical resources might also qualify as tribal cultural resources if they meet the necessary criteria.