2005 California Public Resources Code Sections 21080-21098 CHAPTER 2.6. GENERAL

21080.  (a) Except as otherwise provided in this division, this
division shall apply to discretionary projects proposed to be carried
out or approved by public agencies, including, but not limited to,
the enactment and amendment of zoning ordinances, the issuance of
zoning variances, the issuance of conditional use permits, and the
approval of tentative subdivision maps unless the project is exempt
from this division.
   (b) This division does not apply to any of the following
activities:
   (1) Ministerial projects proposed to be carried out or approved by
public agencies.
   (2) Emergency repairs to public service facilities necessary to
maintain service.
   (3) Projects undertaken, carried out, or approved by a public
agency to maintain, repair, restore, demolish, or replace property or
facilities damaged or destroyed as a result of a disaster in a
disaster-stricken area in which a state of emergency has been
proclaimed by the Governor pursuant to Chapter 7 (commencing with
Section 8550) of Division 1 of Title 2 of the Government Code.
   (4) Specific actions necessary to prevent or mitigate an
emergency.
   (5) Projects which a public agency rejects or disapproves.
   (6) Actions undertaken by a public agency relating to any thermal
powerplant site or facility, including the expenditure, obligation,
or encumbrance of funds by a public agency for planning, engineering,
or design purposes, or for the conditional sale or purchase of
equipment, fuel, water (except groundwater), steam, or power for a
thermal powerplant, if the powerplant site and related facility will
be the subject of an environmental impact report, negative
declaration, or other document, prepared pursuant to a regulatory
program certified pursuant to Section 21080.5, which will be prepared
by the State Energy Resources Conservation and Development
Commission, by the Public Utilities Commission, or by the city or
county in which the powerplant and related facility would be located
if the environmental impact report, negative declaration, or document
includes the environmental impact, if any, of the action described
in this paragraph.
   (7) Activities or approvals necessary to the bidding for, hosting
or staging of, and funding or carrying out of, an Olympic games under
the authority of the International Olympic Committee, except for the
construction of facilities necessary for the Olympic games.
   (8) The establishment, modification, structuring, restructuring,
or approval of rates, tolls, fares, or other charges by public
agencies which the public agency finds are for the purpose of (A)
meeting operating expenses, including employee wage rates and fringe
benefits, (B) purchasing or leasing supplies, equipment, or
materials, (C) meeting financial reserve needs and requirements, (D)
obtaining funds for capital projects necessary to maintain service
within existing service areas, or (E) obtaining funds necessary to
maintain those intracity transfers as are authorized by city charter.
  The public agency shall incorporate written findings in the record
of any proceeding in which an exemption under this paragraph is
claimed setting forth with specificity the basis for the claim of
exemption.
   (9) All classes of projects designated pursuant to Section 21084.
   (10) A project for the institution or increase of passenger or
commuter services on rail or highway rights-of-way already in use,
including modernization of existing stations and parking facilities.
   (11) A project for the institution or increase of passenger or
commuter service on high-occupancy vehicle lanes already in use,
including the modernization of existing stations and parking
facilities.
   (12) Facility extensions not to exceed four miles in length which
are required for the transfer of passengers from or to exclusive
public mass transit guideway or busway public transit services.
   (13) A project for the development of a regional transportation
improvement program, the state transportation improvement program, or
a congestion management program prepared pursuant to Section 65089
of the Government Code.
   (14) Any project or portion thereof located in another state which
will be subject to environmental impact review pursuant to the
National Environmental Policy Act of 1969 (42 U.S.C. Sec. 4321 et
seq.) or similar state laws of that state.  Any emissions or
discharges that would have a significant effect on the environment in
this state are subject to this division.
   (15) Projects undertaken by a local agency to implement a rule or
regulation imposed by a state agency, board, or commission under a
certified regulatory program pursuant to Section 21080.5.  Any
site-specific effect of the project which was not analyzed as a
significant effect on the environment in the plan or other written
documentation required by Section 21080.5 is subject to this
division.
   (c) If a lead agency determines that a proposed project, not
otherwise exempt from this division, would not have a significant
effect on the environment, the lead agency shall adopt a negative
declaration to that effect.  The negative declaration shall be
prepared for the proposed project in either of the following
circumstances:
   (1) There is no substantial evidence, in light of the whole record
before the lead agency, that the project may have a significant
effect on the environment.
   (2) An initial study identifies potentially significant effects on
the environment, but (A) revisions in the project plans or proposals
made by, or agreed to by, the applicant before the proposed negative
declaration and initial study are released for public review would
avoid the effects or mitigate the effects to a point where clearly no
significant effect on the environment would occur, and (B) there is
no substantial evidence, in light of the whole record before the lead
agency, that the project, as revised, may have a significant effect
on the environment.
   (d) If there is substantial evidence, in light of the whole record
before the lead agency, that the project may have a significant
effect on the environment, an environmental impact report shall be
prepared.
   (e) (1) For the purposes of this section and this division,
substantial evidence includes fact, a reasonable assumption
predicated upon fact, or expert opinion supported by fact.
   (2) Substantial evidence is not argument, speculation,
unsubstantiated opinion or narrative, evidence that is clearly
inaccurate or erroneous, or evidence of social or economic impacts
that do not contribute to, or are not caused by, physical impacts on
the environment.
   (f) As a result of the public review process for a mitigated
negative declaration, including administrative decisions and public
hearings, the lead agency may conclude that certain mitigation
measures identified pursuant to paragraph (2) of subdivision (c) are
infeasible or otherwise undesirable.  In those circumstances, the
lead agency, prior to approving the project, may delete those
mitigation measures and substitute for them other mitigation measures
that the lead agency finds, after holding a public hearing on the
matter, are equivalent or more effective in mitigating significant
effects on the environment to a less than significant level and that
do not cause any potentially significant effect on the environment.
If those new mitigation measures are made conditions of project
approval or are otherwise made part of the project approval, the
deletion of the former measures and the substitution of the new
mitigation measures shall not constitute an action or circumstance
requiring recirculation of the mitigated negative declaration.
   (g) Nothing in this section shall preclude a project applicant or
any other person from challenging, in an administrative or judicial
proceeding, the legality of a condition of project approval imposed
by the lead agency.  If, however, any condition of project approval
set aside by either an administrative body or court was necessary to
avoid or lessen the likelihood of the occurrence of a significant
effect on the environment, the lead agency's approval of the negative
declaration and project shall be invalid and a new environmental
review process shall be conducted before the project can be
reapproved, unless the lead agency substitutes a new condition that
the lead agency finds, after holding a public hearing on the matter,
is equivalent to, or more effective in, lessening or avoiding
significant effects on the environment and that does not cause any
potentially significant effect on the environment.
21080.01.  This division shall not apply to any activity or approval
necessary for the reopening and operation of the California Men's
Colony West Facility in San Luis Obispo County.
21080.02.  This division shall not apply to any activity or approval
necessary for or incidental to planning, design, site acquisition,
construction, operation, or maintenance of the new prison facility at
or in the vicinity of Corcoran in Kings County as authorized by the
act that enacted this section.
21080.03.  This division shall not apply to any activity or approval
necessary for or incidental to the location, development,
construction, operation, or maintenance of the prison in the County
of Kings, authorized by Section 9 of Chapter 958 of the Statutes of
1983, as amended, and of the prison in the County of Amador (Ione),
authorized by Chapter 957 of the Statutes of 1983, as amended.
21080.04.  (a) Notwithstanding paragraph (10) of subdivision (b) of
Section 21080, this division applies to a project for the institution
of passenger rail service on a line paralleling State Highway 29 and
running from Rocktram to Krug in the Napa Valley.  With respect to
that project, and for the purposes of this division, the Public
Utilities Commission is the lead agency.
   (b) It is the intent of the Legislature in enacting this section
to abrogate the decision of the California Supreme Court "that
Section 21080, subdivision (b)(11), exempts Wine Train's institution
of passenger service on the Rocktram-Krug line from the requirements
of CEQA" in Napa Valley Wine Train, Inc. v. Public Utilities Com., 50
Cal. 3d 370.
   (c) Nothing in this section is intended to affect or apply to, or
to confer jurisdiction upon the Public Utilities Commission with
respect to, any other project involving rail service.
21080.05.  This division does not apply to a project by a public
agency to lease or purchase the rail right-of-way used for the San
Francisco Peninsula commute service between San Francisco and San
Jose, together with all branch and spur lines, including the
Dumbarton and Vasona lines.
21080.07.  This division shall not apply to any activity or approval
necessary for or incidental to planning, design, site acquisition,
construction, operation, or maintenance of the new prison facilities
located in any of the following places:
   (a) The County of Riverside.
   (b) The County of Del Norte.
21080.08.  This division shall not apply to any activity or approval
necessary for or incidental to project funding, or the authorization
for the expenditure of funds for the project, by the Rural Economic
Development Infrastructure Panel pursuant to Article 5 (commencing
with Section 15373.6) of Chapter 2.5 of Part 6.7 of Division 3 of
Title 2 of the Government Code.
21080.09.  (a) For purposes of this section, the following
definitions apply:
   (1) "Public higher education" has the same meaning as specified in
Section 66010 of the Education Code.
   (2) "Long range development plan" means a physical development and
land use plan to meet the academic and institutional objectives for
a particular campus or medical center of public higher education.
   (b) The selection of a location for a particular campus and the
approval of a long range development plan are subject to this
division and require the preparation of an environmental impact
report.  Environmental effects relating to changes in enrollment
levels shall be considered for each campus or medical center of
public higher education in the environmental impact report prepared
for the long range development plan for the campus or medical center.
   (c) The approval of a project on a particular campus or medical
center of public higher education is subject to this division and may
be addressed, subject to the other provisions of this division, in a
tiered  environmental analysis based upon a long range development
plan environmental impact report.
   (d) Compliance with this section satisfies the obligations of
public higher education pursuant to this division to consider the
environmental impact of academic and enrollment plans  as they affect
campuses or medical centers, provided that any such plans shall
become effective for a campus or medical center only after the
environmental effects of those plans have been analyzed as required
by this division in a long range development plan environmental
impact report or tiered analysis based upon that environmental impact
report for that campus or medical center, and addressed as required
by this division.
21080.1.  (a) The lead agency shall be responsible for determining
whether an environmental impact report, a negative declaration, or a
mitigated negative declaration shall be required for any project
which is subject to this division.  That determination shall be final
and conclusive on all persons, including responsible agencies,
unless challenged as provided in Section 21167.
   (b) In the case of a project described in subdivision (c) of
Section 21065, the lead agency shall, upon the request of a potential
applicant, provide for consultation prior to the filing of the
application regarding the range of actions, potential alternatives,
mitigation measures, and any potential and significant effects on the
environment of the project.
21080.2.  In the case of a project described in subdivision (c) of
Section 21065, the determination required by Section 21080.1 shall be
made within 30 days from the date on which an application for a
project has been received and accepted as complete by the lead
agency.  This period may be extended 15 days upon the consent of the
lead agency and the project applicant.
21080.3.  (a) Prior to determining whether a negative declaration or
environmental impact report is required for a project, the lead
agency shall consult with all responsible agencies and  trustee
agencies.  Prior to that required consultation, the lead agency may
informally contact any  of those agencies.
   (b) In order to expedite the requirements of subdivision (a), the
Office of Planning and Research, upon request of a lead agency, shall
assist the lead agency in determining the various responsible
agencies and trustee agencies, for a proposed project.  In the case
of a project described in subdivision (c) of Section 21065, the
request may also be made by the project applicant.
21080.4.  (a) If a lead agency determines that an environmental
impact report is required for a project, the lead agency shall
immediately send notice of that determination by certified mail or an
equivalent procedure to each responsible agency, the Office of
Planning and Research, and those public agencies having jurisdiction
by law over natural resources affected by the project that are held
in trust for the people of the State of California.  Upon receipt of
the notice, each responsible agency, the office, and each public
agency having jurisdiction by law over natural resources affected by
the project that are held in trust for the people of the State of
California shall specify to the lead agency the scope and content of
the environmental information that is germane to the statutory
responsibilities of that responsible agency, the  office, or the
public agency in connection with the proposed project and which,
pursuant to the requirements of this division, shall be included in
the environmental impact report.  The information shall be specified
in writing and shall be communicated to the lead agency by certified
mail or equivalent procedure not later than 30 days after the date of
receipt of the notice of the lead agency's determination.  The lead
agency shall request similar guidance from appropriate federal
agencies.
   (b) To expedite the requirements of subdivision (a), the lead
agency, any responsible agency, the Office of Planning and Research,
or a public agency having jurisdiction by law over natural resources
affected by the project that are held in trust for the people of the
State of California, may request one or more meetings between
representatives of those agencies and the office for the purpose of
assisting the lead agency to determine the scope and content of the
environmental information that any of those responsible agencies, the
office, or the public agencies may require.  In the case of a
project described in subdivision (c) of Section 21065, the request
may also be made by the project applicant.  The meetings shall be
convened by the lead agency as soon as possible, but not later than
30 days after the date that the meeting was requested.
   (c) To expedite the requirements of subdivision (a), the Office of
Planning and Research, upon request of a lead agency, shall assist
the lead agency in determining the various responsible agencies,
public agencies having jurisdiction by law over natural resources
affected by the project that are held in trust for the people of the
State of California, and any federal agencies that have
responsibility for carrying out or approving a proposed project.  In
the case of a project described in subdivision (c) of Section 21065,
that request may also be made by the project applicant.
   (d) With respect to the Department of Transportation, and with
respect to any state agency that is a responsible agency or a public
agency having jurisdiction by law over natural resources affected by
the project that are held in trust for the people of the State of
California, subject to the requirements of subdivision (a), the
Office of Planning and Research shall ensure that the information
required by subdivision (a) is transmitted to the lead agency, and
that affected agencies are notified regarding meetings to be held
upon request pursuant to subdivision (b), within the required time
period.
21080.5.  (a) Except as provided in Section 21158.1, when the
regulatory program of a state agency requires a plan or other written
documentation containing environmental information and complying
with paragraph (3) of subdivision (d) to be submitted in support of
an activity listed in subdivision (b), the plan or other written
documentation may be submitted in lieu of the environmental impact
report required by this division if the Secretary of the Resources
Agency has certified the regulatory program pursuant to this section.
   (b) This section applies only to regulatory programs or portions
thereof that involve either of the following:
   (1) The issuance to a person of a lease, permit, license,
certificate, or other entitlement for use.
   (2) The adoption or approval of standards, rules, regulations, or
plans for use in the regulatory program.
   (c) A regulatory program certified pursuant to this section is
exempt from Chapter 3 (commencing with Section 21100), Chapter 4
(commencing with Section 21150), and Section 21167, except as
provided in Article 2 (commencing with Section 21157) of Chapter 4.5.
   (d) To qualify for certification pursuant to this section, a
regulatory program shall require the utilization of an
interdisciplinary approach that will ensure the integrated use of the
natural and social sciences in decisionmaking and that shall meet
all of the following criteria:
   (1) The enabling legislation of the regulatory program does both
of the following:
   (A) Includes protection of the environment among its principal
purposes.
   (B) Contains authority for the administering agency to adopt rules
and regulations for the protection of the environment, guided by
standards set forth in the enabling legislation.
   (2) The rules and regulations adopted by the administering agency
for the regulatory program do all of the following:
   (A) Require that an activity will not be approved or adopted as
proposed if there are feasible alternatives or feasible mitigation
measures available that would substantially lessen a significant
adverse effect that the activity may have on the environment.
   (B) Include guidelines for the orderly evaluation of proposed
activities and the preparation of the plan or other written
documentation in a manner consistent with the environmental
protection purposes of the regulatory program.
   (C) Require the administering agency to consult with all public
agencies that have jurisdiction, by law, with respect to the proposed
activity.
   (D) Require that final action on the proposed activity include the
written responses of the issuing authority to significant
environmental points raised during the evaluation process.
   (E) Require the filing of a notice of the decision by the
administering agency on the proposed activity with the Secretary of
the Resources Agency.  Those notices shall be available for public
inspection, and a list of the notices shall be posted on a weekly
basis in the Office of the Resources Agency.  Each list shall remain
posted for a period of 30 days.
   (F) Require notice of the filing of the plan or other written
documentation to be made to the public and to a person who requests,
in writing, notification.  The notification shall be made in a manner
that will provide the public or a person requesting notification
with sufficient time to review and comment on the filing.
   (3) The plan or other written documentation required by the
regulatory program does both of the following:
   (A) Includes a description of the proposed activity with
alternatives to the activity, and mitigation measures to minimize any
significant adverse effect on the environment of the activity.
   (B) Is available for a reasonable time for review and comment by
other public agencies and the general public.
   (e) (1) The Secretary of the Resources Agency shall certify a
regulatory program that the secretary determines meets all the
qualifications for certification set forth in this section, and
withdraw certification on determination that the regulatory program
has been altered so that it no longer meets those qualifications.
Certification and withdrawal of certification shall occur only after
compliance with Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2 of the Government Code.
   (2) In determining whether or not a regulatory program meets the
qualifications for certification set forth in this section, the
inquiry of the secretary shall extend only to the question of whether
the regulatory program meets the generic requirements of subdivision
(d).  The inquiry may not extend to individual decisions to be
reached under the regulatory program, including the nature of
specific alternatives or mitigation measures that might be proposed
to lessen any significant adverse effect on the environment of the
activity.
   (3) If the secretary determines that the regulatory program
submitted for certification does not meet the qualifications for
certification set forth in this section, the secretary shall adopt
findings setting forth the reasons for the determination.
   (f) After a regulatory program has been certified pursuant to this
section, a proposed change in the program that could affect
compliance with the qualifications for certification specified in
subdivision (d) may be submitted to the Secretary of the Resources
Agency for review and comment.  The scope of the secretary's review
shall extend only to the question of whether the regulatory program
meets the generic requirements of subdivision (d).  The review may
not extend to individual decisions to be reached under the regulatory
program, including specific alternatives or mitigation measures that
might be proposed to lessen any significant adverse effect on the
environment of the activity.  The secretary shall have 30 days from
the date of receipt of the proposed change to notify the state agency
whether the proposed change will alter the regulatory program so
that it no longer meets the qualification for certification
established in this section and will result in a withdrawal of
certification as provided in this section.
   (g) An action or proceeding to attack, review, set aside, void, or
annul a determination or decision of a state agency approving or
adopting a proposed activity under a regulatory program that has been
certified pursuant to this section on the basis that the plan or
other written documentation prepared pursuant to paragraph (3) of
subdivision (d) does not comply with this section shall be commenced
not later than 30 days from the date of the filing of notice of the
approval or adoption of the activity.
   (h) (1) An action or proceeding to attack, review, set aside,
void, or annul a determination of the Secretary of the Resources
Agency to certify a regulatory program pursuant to this section on
the basis that the regulatory program does not comply with this
section shall be commenced within 30 days from the date of
certification by the secretary.
   (2) In an action brought pursuant to paragraph (1), the inquiry
shall extend only to whether there was a prejudicial abuse of
discretion by the secretary.  Abuse of discretion is established if
the secretary has not proceeded in a manner required by law or if the
determination is not supported by substantial evidence.
   (i) For purposes of this section, a county agricultural
commissioner is a state agency.
   (j) For purposes of this section, an air quality management
district or air pollution control district is a state agency, except
that the approval, if any, by a district of a nonattainment area plan
is subject to this section only if, and to the extent that, the
approval adopts or amends rules or regulations.
   (k) (1) The secretary, by July 1, 2004, shall develop a protocol
for reviewing the prospective application of certified regulatory
programs to evaluate the consistency of those programs with the
requirements of this division.  Following the completion of the
development of the protocol, the secretary shall provide a report to
the Senate Committee on Environmental Quality and the Assembly
Committee on Natural Resources regarding the need for a grant of
additional statutory authority authorizing the secretary to undertake
a review of the certified regulatory programs.
   (2) The secretary shall provide a significant opportunity for
public participation in developing the protocol described in
paragraph (1) including, but not limited to, at least two public
meetings with interested parties.  A notice of each meeting shall be
provided at least 10 days prior to the meeting to a person who files
a written request for a notice with the agency.
21080.8.  This division does not apply to the conversion of an
existing rental mobilehome park to a resident initiated subdivision,
cooperative, or condominium for mobilehomes if the conversion will
not result in an expansion of or change in existing use of the
property.
21080.9.  This division shall not apply to activities and approvals
by any local government, as defined in Section 30109, or any state
university or college, as defined in Section 30119, as necessary for
the preparation and adoption of a local coastal program or long-range
land use development plan pursuant to Division 20 (commencing with
Section 30000); provided, however, that certification of a local
coastal program or long-range land use development plan by the
California Coastal Commission pursuant to Chapter 6 (commencing with
Section 30500) of Division 20 shall be subject to the requirements of
this division.  For the purpose of Section 21080.5, a certified
local coastal program or long-range land use development plan
constitutes a plan for use in the California Coastal Commission's
regulatory program.
21080.10.  This division does not apply to any of the following:
   (a) An extension of time, granted pursuant to Section 65361 of the
Government Code, for the preparation and adoption of one or more
elements of a city or county general plan.
   (b) Actions taken by the Department of Housing and Community
Development or the California Housing Finance Agency to provide
financial assistance or insurance for the development and
construction of residential housing for persons and families of low
or moderate income, as defined in Section 50093 of the Health and
Safety Code, if the project that is the subject of the application
for financial assistance or insurance will be reviewed pursuant to
this division by another public agency.
21080.11.  This division shall not apply to settlements of title and
boundary problems by the State Lands Commission and to exchanges or
leases in connection with those settlements.
21080.13.  This division shall not apply to any railroad grade
separation project which eliminates an existing grade crossing or
which reconstructs an existing grade separation.
21080.17.  This division does not apply to the adoption of an
ordinance by a city or county to implement the provisions of Section
65852.1 or Section 65852.2 of the Government Code.
21080.18.  This division does not apply to the closing of any public
school in which kindergarten or any of grades 1 through 12 is
maintained or the transfer of students from that public school to
another school if the only physical changes involved are
categorically exempt under Chapter 3 (commencing with Section 15000)
of Division 6 of Title 14 of the California Administrative Code.
21080.19.  This division does not apply to a project for restriping
of streets or highways to relieve traffic congestion.
21080.21.  This division does not apply to any project of less than
one mile in length within a public street or highway or any other
public right-of-way for the installation of a new pipeline or the
maintenance, repair, restoration, reconditioning, relocation,
replacement, removal, or demolition of an existing pipeline.  For
purposes of this section, "pipeline" includes subsurface facilities
but does not include any surface facility related to the operation of
the underground facility.
21080.22.  (a) This division does not apply to activities and
approvals by a local government necessary for the preparation of
general plan amendments pursuant to Section 29763, except that the
approval of general plan amendments by the Delta Protection
Commission is subject to the requirements of this division.
   (b) For purposes of Section 21080.5, a general plan amendment is a
plan required by the regulatory program of the Delta Protection
Commission.
21080.23.  (a) This division does not apply to any project which
consists of the inspection, maintenance, repair, restoration,
reconditioning, relocation, replacement, or removal of an existing
pipeline, as defined in subdivision (a) of Section 51010.5 of the
Government Code, or any valve, flange, meter, or other piece of
equipment that is directly attached to the pipeline, if the project
meets all of the following conditions:
   (1) (A) The project is less than eight miles in length.
   (B) Notwithstanding subparagraph (A), actual construction and
excavation activities undertaken to achieve the maintenance, repair,
restoration, reconditioning, relocation, replacement, or removal of
an existing pipeline are not undertaken over a length of more than
one-half mile at any one time.
   (2) The project consists of a section of pipeline that is not less
than eight miles from any section of pipeline that has been subject
to an exemption pursuant to this section in the past 12 months.
   (3) The project is not solely for the purpose of excavating soil
that is contaminated by hazardous materials, and, to the extent not
otherwise expressly required by law, the party undertaking the
project immediately informs the lead agency of the discovery of
contaminated soil.
   (4) To the extent not otherwise expressly required by law, the
person undertaking the project has, in advance of undertaking the
project, prepared a plan that will result in notification of the
appropriate agencies so that they may take action, if determined to
be necessary, to provide for the emergency evacuation of members of
the public who may be located in close proximity to the project.
   (5) Project activities are undertaken within an existing
right-of-way and the right-of-way is restored to its condition prior
to the project.
   (6) The project applicant agrees to comply with all conditions
otherwise authorized by law, imposed by the city or county planning
department as part of any local agency permit process, that are
required to mitigate potential impacts of the proposed project, and
to otherwise comply with the Keene-Nejedly California Wetlands
Preservation Act (Chapter 7 (commencing with Section 5810) of
Division 5), the California Endangered Species Act (Chapter 1.5
(commencing with Section 2050) of Division 3 of the Fish and Game
Code), and other applicable state laws, and with all applicable
federal laws.
   (b) If a project meets all of the requirements of subdivision (a),
the person undertaking the project shall do all of the following:
   (1) Notify, in writing, any affected public agency, including, but
not limited to, any public agency having permit, land use,
environmental, public health protection, or emergency response
authority of the exemption of the project from this division by
subdivision (a).
   (2) Provide notice to the public in the affected area in a manner
consistent with paragraph (3) of subdivision (b) of Section 21092.
   (3) In the case of private rights-of-way over private property,
receive from the underlying property owner permission for access to
the property.
   (4) Comply with all conditions otherwise authorized by law,
imposed by the city or county planning department as part of any
local agency permit process, that are required to mitigate potential
impacts of the proposed project, and otherwise comply with the
Keene-Nejedly California Wetlands Preservation Act (Chapter 7
(commencing with Section 5810) of Division 5), the California
Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of
Division 3 of the Fish and Game Code), and other applicable state
laws, and with all applicable federal laws.
   (c) Prior to January 1, 1999, this section shall not apply to ARCO
Pipeline Company's crude oil pipelines designated as Crude Oil Line
1, from Tejon Station south to its terminus, and Crude Oil Line 90.
   (d) This section does not apply to either of the following:
   (1) A project in which the diameter of the pipeline is increased.
   (2) A project undertaken within the boundaries of an oil refinery.
21080.24.  This division does not apply to the issuance,
modification, amendment, or renewal of any permit by an air pollution
control district or air quality management district pursuant to
Title V, as defined in Section 39053.3 of the Health and Safety Code,
or pursuant to a district Title V program established under Sections
42301.10, 42301.11, and 42301.12 of the Health and Safety Code,
unless the issuance, modification, amendment, or renewal authorizes a
physical or operational change to a source or facility.
   (b) Nothing in this section is intended to result in the
application of this division to any physical or operational change
which, prior to January 1, 1995, was not subject to this division.
21080.26.  This division does not apply to minor alterations to
utilities made for the purposes of complying with Sections 4026.7 and
4026.8 of the Health and Safety Code or regulations adopted
thereunder.
21080.29.  (a) A project located in Los Angeles County that is
approved by a public agency before the effective date of the act
adding this section is not in violation of any requirement of this
division by reason of the failure to construct a roadway across the
property transferred to the state pursuant to subdivision (c) and to
construct a bridge over the adjacent Ballona Channel in Los Angeles
County, otherwise required as a mitigation measure pursuant to this
division, if all of the following conditions apply:
   (1) The improvements specified in this subdivision are not
constructed, due in whole or in part, to the project owner's or
developer's relinquishment of easement rights to construct those
improvements.
   (2) The easement rights in paragraph (1) are relinquished in
connection with the State of California, acting by and through the
Wildlife Conservation Board of the Department of Fish and Game,
acquiring a wetlands project that is a minimum of 400 acres in size
and located within the coastal zone.
   (b) Where those easement rights have been relinquished, any
municipal ordinance or regulation adopted by a charter city or a
general law city shall be inapplicable to the extent that the
ordinance or regulation requires construction of the transportation
improvements specified in subdivision (a), or would otherwise require
reprocessing or resubmittal of a permit or approval, including, but
not limited to, a final recorded map, a vesting tentative map, or a
tentative map, as a result of the transportation improvements
specified in subdivision (a) not being constructed.
   (c) (1) If the Wildlife Conservation Board of the Department of
Fish and Game acquires property within the coastal zone that is a
minimum of 400 acres in size pursuant to a purchase and sale
agreement with Playa Capital Company, LLC, the Controller shall
direct the trustee under the Amendment to Declaration of Trust
entered into on or about December 11, 1984, by First Nationwide
Savings, as trustee, Summa Corporation, as trustor, and the
Controller, as beneficiary, known as the HRH Inheritance Tax Security
Trust, to convey title to the trust estate of the trust, including
real property commonly known as Playa Vista Area C, to the State of
California acting by and through the Wildlife Conservation Board of
the Department of Fish and Game for conservation, restoration, or
recreation purposes only, with the right to transfer the property for
those uses to any other agency of the State of California.
   (2) This subdivision shall constitute the enabling legislation
required by the Amendment to Declaration of Trust to empower the
Controller to direct the trustee to convey title to the trust estate
under the HRH Inheritance Tax Security Trust to the State of
California or an agency thereof.
   (3) The conveyance of the trust estate to the Wildlife
Conservation Board pursuant to this subdivision shall supersede any
duty or obligation imposed upon the Controller under the Probate Code
or the Revenue and Taxation Code with respect to the disposition or
application of the net proceeds of the trust estate.
21080.32.  (a) This section shall only apply to publicly owned
transit agencies, but shall not apply to any publicly owned transit
agency created pursuant to Section 130050.2 of the Public Utilities
Code.
   (b) Except as provided in subdivision (c), and in accordance with
subdivision (d), this division does not apply to actions taken on or
after July 1, 1995, by a publicly owned transit agency to implement
budget reductions caused by the failure of agency revenues to
adequately fund agency programs and facilities.
   (c) This section does not apply to any action to reduce or
eliminate a transit service, facility, program, or activity that was
approved or adopted as a mitigation measure in any environmental
document authorized by this division or the National Environmental
Policy Act (42 U.S.C. Sec. 4321 et seq.) or to any state or federal
requirement that is imposed for the protection of the environment.
   (d) (1) This section applies only to actions taken after the
publicly owned transit agency has made a finding that there is a
fiscal emergency caused by the failure of agency revenues to
adequately fund agency programs and facilities, and after the
publicly owned transit agency has held a public hearing to consider
those actions.  A publicly owned transit agency that has held such a
hearing shall respond within 30 days at a regular public meeting to
suggestions made by the public at the initial public hearing.  Those
actions shall be limited to projects defined in subdivision (a) or
(b) of Section 21065 which initiate or increase fees, rates, or
charges charged for any existing public service, program, or
activity; or reduce or eliminate the availability of an existing
publicly owned transit service, facility, program, or activity.
   (2) For purposes of this subdivision, "fiscal emergency," when
applied to a publicly owned transit agency, means that the agency is
projected to have negative working capital within one year from the
date that the agency makes the finding that there is a fiscal
emergency pursuant to this section.  Working capital shall be
determined by adding together all unrestricted cash, unrestricted
short-term investments, and unrestricted short-term accounts
receivable and then subtracting unrestricted accounts payable.
Employee retirement funds, including Internal Revenue Code Section
457 deferred compensation plans and Section 401(k) plans, health
insurance reserves, bond payment reserves, workers' compensation
reserves, and insurance reserves, shall not be factored into the
formula for working capital.
21080.33.  This division does not apply to any emergency project
undertaken, carried out, or approved by a public agency to maintain,
repair, or restore an existing highway, as defined in Section 360 of
the Vehicle Code, except for a highway designated as an official
state scenic highway pursuant to Section 262 of the Streets and
Highways Code, within the existing right-of-way of the highway,
damaged as a result of fire, flood, storm, earthquake, land
subsidence, gradual earth movement, or landslide, within one year of
the damage.  This section does not exempt from this division any
project undertaken, carried out, or approved by a public agency to
expand or widen a highway damaged by fire, flood, storm, earthquake,
land subsidence, gradual earth movement, or landslide.
21080.35.  For the purposes of Section 21069, the phrase "carrying
out or approving a project" shall include the carrying out or
approval of a plan for a project that expands or enlarges an existing
publicly owned airport by any political subdivision, as described in
Section 21661.6 of the Public Utilities Code.
21081.  Pursuant to the policy stated in Sections 21002 and 21002.1,
no public agency shall approve or carry out a project for which an
environmental impact report has been certified which identifies one
or more significant effects on the environment that would occur if
the project is approved or carried out unless both of the following
occur:
   (a) The public agency makes one or more of the following findings
with respect to each significant effect:
   (1)  Changes or alterations have been required in, or incorporated
into, the project which mitigate or avoid the significant effects on
the environment.
   (2)  Those changes or alterations are within the responsibility
and jurisdiction of another public agency and have been, or can and
should be, adopted by that other agency.
   (3)  Specific economic, legal, social, technological, or other
considerations, including considerations for the provision of
employment opportunities for highly trained workers, make infeasible
the mitigation measures or alternatives identified in the
environmental impact report.
   (b) With respect to significant effects which were subject to a
finding under paragraph (3) of subdivision (a), the public agency
finds that specific overriding economic, legal, social,
technological, or other benefits of the project outweigh the
significant effects on the environment.
21081.5.  In making the findings required by paragraph (3) of
subdivision (a) of Section 21081, the public agency shall base its
findings on substantial evidence in the record.
21081.6.  (a) When making the findings required by paragraph (1) of
subdivision (a) of Section 21081 or when adopting a mitigated
negative declaration pursuant to paragraph (2) of subdivision (c) of
Section 21080, the following requirements shall apply:
   (1)  The public agency shall adopt a reporting or monitoring
program for the changes made to the project or conditions of project
approval, adopted in order to mitigate or avoid significant effects
on the environment.  The reporting or monitoring program shall be
designed to ensure compliance during project implementation.  For
those changes which have been required or incorporated into the
project at the request of a responsible agency or a public agency
having jurisdiction by law over natural resources affected by the
project, that agency shall, if so requested by the lead agency or a
responsible agency, prepare and submit a proposed reporting or
monitoring program.
   (2) The lead agency shall specify the location and custodian of
the documents or other material which constitute the record of
proceedings upon which its decision is based.
   (b) A public agency shall provide that measures to mitigate or
avoid significant effects on the environment are fully enforceable
through permit conditions, agreements, or other measures.  Conditions
of project approval may be set forth in referenced documents which
address required mitigation measures or, in the case of the adoption
of a plan, policy, regulation, or other public project, by
incorporating the mitigation measures into the plan, policy,
regulation, or project design.
   (c) Prior to the close of the public review period for a draft
environmental impact report or mitigated negative declaration, a
responsible agency, or a public agency having jurisdiction over
natural resources affected by the project, shall either submit to the
lead agency complete and detailed performance objectives for
mitigation measures which would address the significant effects on
the environment identified by the responsible agency or agency having
jurisdiction over natural resources affected by the project, or
refer the lead agency to appropriate, readily available guidelines or
reference documents.  Any mitigation measures submitted to a lead
agency by a responsible agency or an agency having jurisdiction over
natural resources affected by the project shall be limited to
measures which mitigate impacts to resources which are subject to the
statutory authority of, and definitions applicable to, that agency.
Compliance or noncompliance by a responsible agency or agency having
jurisdiction over natural resources affected by a project with that
requirement shall not limit the authority of the responsible agency
or agency having jurisdiction over natural resources affected by a
project, or the authority of the lead agency, to approve, condition,
or deny projects as provided by this division or any other provision
of law.
21081.7.  Transportation information resulting from the reporting or
monitoring program required to be adopted by a public agency
pursuant to Section 21081.6 shall be submitted to the transportation
planning agency in the region where the project is located and to the
Department of Transportation for a project of statewide, regional,
or areawide significance according to criteria developed pursuant to
Section 21083.  The transportation planning agency and the Department
of Transportation shall adopt guidelines for the submittal of those
reporting or monitoring programs.
21082.  All public agencies shall adopt by ordinance, resolution,
rule, or regulation, objectives, criteria, and procedures for the
evaluation of projects and the preparation of environmental impact
reports and negative declarations pursuant to this division.  A
school district, or any other district, whose boundaries are
coterminous with a city, county, or city and county, may utilize the
objectives, criteria, and procedures of the city, county, or city and
county, as may be applicable, in which case, the school district or
other district need not adopt objectives, criteria, and procedures of
its own.  The objectives, criteria, and procedures shall be
consistent with the provisions of this division and with the
guidelines adopted by the Secretary of the Resources Agency pursuant
to Section 21083.  Such objectives, criteria, and procedures shall be
adopted by each public agency no later than 60 days after the
Secretary of the Resources Agency has adopted guidelines pursuant to
Section 21083.
21082.1.  (a) Any draft environmental impact report, environmental
impact report, negative declaration, or mitigated negative
declaration prepared pursuant to the requirements of this division
shall be prepared directly by, or under contract to, a public agency.
   (b) This section is not intended to prohibit, and shall not be
construed as prohibiting, any person from submitting information or
other comments to the public agency responsible for preparing an
environmental impact report, draft environmental impact report,
negative declaration, or mitigated negative declaration.  The
information or other comments may be submitted in any format, shall
be considered by the public agency, and may be included, in whole or
in part, in any report or declaration.
   (c) The lead agency shall do all of the following:
   (1) Independently review and analyze any report or declaration
required by this division.
   (2) Circulate draft documents that reflect its independent
judgment.
   (3) As part of the adoption of a negative declaration or a
mitigated negative declaration, or certification of an environmental
impact report, find that the report or declaration reflects the
independent judgment of the lead agency.
   (4) Submit a sufficient number of copies of the draft
environmental impact report, proposed negative declaration, or
proposed mitigated negative declaration, and a copy of the report or
declaration in an electronic form as required by the guidelines
adopted pursuant to Section 21083, to the State Clearinghouse for
review and comment by state agencies, if any of the following apply:
   (A) A state agency is any of the following:
   (i) The lead agency.
   (ii) A responsible agency.
   (iii) A trustee agency.
   (B) A state agency otherwise has jurisdiction by law with respect
to the project.
   (C) The proposed project is of sufficient statewide, regional, or
areawide environmental significance as determined pursuant to  the
guidelines certified and adopted pursuant to Section 21083.
21082.2.  (a) The lead agency shall determine whether a project may
have a significant effect on the environment based on substantial
evidence in light of the whole record.
   (b) The existence of public controversy over the environmental
effects of a project shall not require preparation of an
environmental impact report if there is no substantial evidence in
light of the whole record before the lead agency that the project may
have a significant effect on the environment.
   (c) Argument, speculation, unsubstantiated opinion or narrative,
evidence which is clearly inaccurate or erroneous, or evidence of
social or economic impacts which do not contribute to, or are not
caused by, physical impacts on the environment, is not substantial
evidence.  Substantial evidence shall include facts, reasonable
assumptions predicated upon facts, and expert opinion supported by
facts.
   (d) If there is substantial evidence, in light of the whole record
before the lead agency, that a project may have a significant effect
on the environment, an environmental impact report shall be
prepared.
   (e) Statements in an environmental impact report and comments with
respect to an environmental impact report shall not be deemed
determinative of whether the project may have a significant effect on
the environment.
21083.  (a) The Office of Planning and Research shall prepare and
develop proposed guidelines for the implementation of this division
by public agencies.  The guidelines shall include objectives and
criteria for the orderly evaluation of projects and the preparation
of environmental impact reports and negative declarations in a manner
consistent with this division.
   (b) The guidelines shall specifically include criteria for public
agencies to follow in determining whether or not a proposed project
may have a "significant effect on the environment." The criteria
shall require a finding that a project may have a "significant effect
on the environment" if one or more of the following conditions
exist:
   (1) A proposed project has the potential to degrade the quality of
the environment, curtail the range of the environment, or to achieve
short-term, to the disadvantage of long-term, environmental goals.
   (2) The possible effects of a project are individually limited but
cumulatively considerable.  As used in this paragraph, "cumulatively
considerable" means that the incremental effects of an individual
project are considerable when viewed in connection with the effects
of past projects, the effects of other current projects, and the
effects of probable future projects.
   (3) The environmental effects of a project will cause substantial
adverse effects on human beings, either directly or indirectly.
   (c) The guidelines shall include procedures for determining the
lead agency pursuant to Section 21165.
   (d) The guidelines shall include criteria for public agencies to
use in determining when a proposed project is of sufficient
statewide, regional, or areawide environmental significance that a
draft environmental impact report, a proposed negative declaration,
or a proposed mitigated negative declaration shall be submitted to
appropriate state agencies, through the State Clearinghouse, for
review and comment prior to completion of the environmental impact
report, negative declaration, or mitigated negative declaration.
   (e) The Office of Planning and Research shall develop and prepare
the proposed guidelines as soon as possible and shall transmit them
immediately to the Secretary of the Resources Agency.  The Secretary
of the Resources Agency shall certify and adopt the guidelines
pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of
Division 3 of Title 2 of the Government Code, which shall become
effective upon the filing thereof.  However, the guidelines shall not
be adopted without compliance with Sections 11346.4, 11346.5, and
11346.8 of the Government Code.
   (f)  The Office of Planning and Research shall, at least once
every two years, review the guidelines adopted pursuant to this
section and shall recommend proposed changes or amendments to the
Secretary of the Resources Agency.  The Secretary of the Resources
Agency shall certify and adopt guidelines, and any amendments
thereto, at least once every two years, pursuant to Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code, which shall become effective upon the filing
thereof.  However, guidelines may not be adopted or amended without
compliance with Sections 11346.4, 11346.5, and 11346.8 of the
Government Code.
21083.1.  It is the intent of the Legislature that courts,
consistent with generally accepted rules of statutory interpretation,
shall not interpret  this division or the state guidelines adopted
pursuant to Section 21083 in a manner which imposes procedural or
substantive requirements beyond those explicitly stated in this
division or in the state guidelines.
21083.2.  (a) As part of the determination made pursuant to Section
21080.1, the lead agency shall determine whether the project may have
a significant effect on archaeological resources.  If the lead
agency determines that the project may have a significant effect on
unique archaeological resources, the environmental impact report
shall address the issue of those resources.  An environmental impact
report, if otherwise necessary, shall not address the issue of
nonunique archaeological resources.  A negative declaration shall be
issued with respect to a project if, but for the issue of nonunique
archaeological resources, the negative declaration would be otherwise
issued.
   (b) If it can be demonstrated that a project will cause damage to
a unique archaeological resource, the lead agency may require
reasonable efforts to be made to permit any or all of these resources
to be preserved in place or left in an undisturbed state.  Examples
of that treatment, in no order of preference, may include, but are
not limited to, any of the following:
   (1) Planning construction to avoid archaeological sites.
   (2) Deeding archaeological sites into permanent conservation
easements.
   (3) Capping or covering archaeological sites with a layer of soil
before building on the sites.
   (4) Planning parks, greenspace, or other open space to incorporate
archaeological sites.
   (c) To the extent that unique archaeological resources are not
preserved in place or not left in an undisturbed state, mitigation
measures shall be required as provided in this subdivision.  The
project applicant shall provide a guarantee to the lead agency to pay
one-half the estimated cost of mitigating the significant effects of
the project on unique archaeological resources.  In determining
payment, the lead agency shall give due consideration to the in-kind
value of project design or expenditures that are intended to permit
any or all archaeological resources or California Native American
culturally significant sites to be preserved in place or left in an
undisturbed state.  When a final decision is made to carry out or
approve the project, the lead agency shall, if necessary, reduce the
specified mitigation measures to those which can be funded with the
money guaranteed by the project applicant plus the money voluntarily
guaranteed by any other person or persons for those mitigation
purposes.  In order to allow time for interested persons to provide
the funding guarantee referred to in this subdivision, a final
decision to carry out or approve a project shall not occur sooner
than 60 days after completion of the recommended special
environmental impact report required by this section.
   (d) Excavation as mitigation shall be restricted to those parts of
the unique archaeological resource that would be damaged or
destroyed by the project.  Excavation as mitigation shall not be
required for a unique archaeological resource if the lead agency
determines that testing or studies already completed have adequately
recovered the scientifically consequential information from and about
the resource, if this determination is documented in the
environmental impact report.
   (e) In no event shall the amount paid by a project applicant for
mitigation measures required pursuant to subdivision (c) exceed the
following amounts:
   (1) An amount equal to one-half of 1 percent of the projected cost
of the project for mitigation measures undertaken within the site
boundaries of a commercial or industrial project.
   (2) An amount equal to three-fourths of 1 percent of the projected
cost of the project for mitigation measures undertaken within the
site boundaries of a housing project consisting of a single unit.
   (3) If a housing project consists of more than a single unit, an
amount equal to three-fourths of 1 percent of the projected cost of
the project for mitigation measures undertaken within the site
boundaries of the project for the first unit plus the sum of the
following:
   (A) Two hundred dollars ($200) per unit for any of the next 99
units.
   (B) One hundred fifty dollars ($150) per unit for any of the next
400 units.
   (C) One hundred dollars ($100) per unit in excess of 500 units.
   (f) Unless special or unusual circumstances warrant an exception,
the field excavation phase of an approved mitigation plan shall be
completed within 90 days after final approval necessary to implement
the physical development of the project or, if a phased project, in
connection with the phased portion to which the specific mitigation
measures are applicable.  However, the project applicant may extend
that period if he or she so elects.  Nothing in this section shall
nullify protections for Indian cemeteries under any other provision
of law.
   (g) As used in this section, "unique archaeological resource"
means an archaeological artifact, object, or site about which it can
be clearly demonstrated that, without merely adding to the current
body of knowledge, there is a high probability that it meets any of
the following criteria:
   (1) Contains information needed to answer important scientific
research questions and that there is a demonstrable public interest
in that information.
   (2) Has a special and particular quality such as being the oldest
of its type or the best available example of its type.
   (3) Is directly associated with a scientifically recognized
important prehistoric or historic event or person.
   (h) As used in this section, "nonunique archaeological resource"
means an archaeological artifact, object, or site which does not meet
the criteria in subdivision (g).  A nonunique archaeological
resource need be given no further consideration, other than the
simple recording of its existence by the lead agency if it so elects.
   (i) As part of the objectives, criteria, and procedures required
by Section 21082 or as part of conditions imposed for mitigation, a
lead agency may make provisions for archaeological sites accidentally
discovered during construction.  These provisions may include an
immediate evaluation of the find.  If the find is determined to be a
unique archaeological resource, contingency funding and a time
allotment sufficient to allow recovering an archaeological sample or
to employ one of the avoidance measures may be required under the
provisions set forth in this section.  Construction work may continue
on other parts of the building site while archaeological mitigation
takes place.
   (j) This section does not apply to any project described in
subdivision (a) or (b) of Section 21065 if the lead agency elects to
comply with all other applicable provisions of this division.  This
section does not apply to any project described in subdivision (c) of
Section 21065 if the applicant and the lead agency jointly elect to
comply with all other applicable provisions of this division.
   (k) Any additional costs to any local agency as a result of
complying with this section with respect to a project of other than a
public agency shall be borne by the project applicant.
   (l) Nothing in this section is intended to affect or modify the
requirements of Section 21084 or 21084.1.
21083.3.  (a) If a parcel has been zoned to accommodate a particular
density of development or has been designated in a community plan to
accommodate a particular density of development and an environmental
impact report was certified for that zoning or planning action, the
application of this division to the approval of any subdivision map
or other project that is consistent with the zoning or community plan
shall be limited to effects upon the environment which are peculiar
to the parcel or to the project and which were not addressed as
significant effects in the prior environmental impact report, or
which substantial new information shows will be more significant than
described in the prior environmental impact report.
   (b) If a development project is consistent with the general plan
of a local agency and an environmental impact report was certified
with respect to that general plan, the application of this division
to the approval of that development project shall be limited to
effects on the environment which are peculiar to the parcel or to the
project and which were not addressed as significant effects in the
prior environmental impact report, or which substantial new
information shows will be more significant than described in the
prior environmental impact report.
   (c) Nothing in this section affects any requirement to analyze
potentially significant offsite impacts and cumulative impacts of the
project not discussed in the prior environmental impact report with
respect to the general plan.  However, all public agencies with
authority to mitigate the significant effects shall undertake or
require the undertaking of any feasible mitigation measures specified
in the prior environmental impact report relevant to a significant
effect which the project will have on the environment or, if not,
then the provisions of this section shall have no application to that
effect.  The lead agency shall make a finding, at a public hearing,
as to whether those mitigation measures will be undertaken.
   (d) An effect of a project upon the environment shall not be
considered peculiar to the parcel or to the project, for purposes of
this section, if uniformly applied development policies or standards
have been previously adopted by the city or county, with a finding
based upon substantial evidence, which need not include an
environmental impact report, that the development policies or
standards will substantially mitigate that environmental effect when
applied to future projects, unless substantial new information shows
that the policies or standards will not substantially mitigate the
environmental effect.
   (e) Where a community plan is the basis for application of this
section, any rezoning action consistent with the community plan shall
be a project subject to exemption from this division in accordance
with this section.  As used in this section, "community plan" means a
part of the general plan of a city or county which (1) applies to a
defined geographic portion of the total area included in the general
plan, (2) complies with Article 5 (commencing with Section 65300) of
Chapter 3 of Division 1 of Title 7 of the Government Code by
including or referencing each of the mandatory elements specified in
Section 65302 of the Government Code, and (3) contains specific
development policies adopted for the area included in the community
plan and identifies measures to implement those policies, so that the
policies which will apply to each parcel can be determined.
   (f) No person shall have standing to bring an action or proceeding
to attack, review, set aside, void, or annul a finding of a public
agency made at a public hearing pursuant to subdivision (a) with
respect to the conformity of the project to the mitigation measures
identified in the prior environmental impact report for the zoning or
planning action, unless he or she has participated in that public
hearing.  However, this subdivision shall not be applicable if the
local agency failed to give public notice of the hearing as required
by law.  For purposes of this subdivision, a person has participated
in the public hearing if he or she has either submitted oral or
written testimony regarding the proposed determination, finding, or
decision prior to the close of the hearing.
   (g) Any community plan adopted prior to January 1, 1982, which
does not comply with the definitional criteria specified in
subdivision (e) may be amended to comply with that criteria, in which
case the plan shall be deemed a "community plan" within the meaning
of subdivision (e) if (1) an environmental impact report was
certified for adoption of the plan, and (2) at the time of the
conforming amendment, the environmental impact report has not been
held inadequate by a court of this state and is not the subject of
pending litigation challenging its adequacy.
21083.4.  (a) For purposes of this section, "oak" means a native
tree species in the genus Quercus, not designated as Group A or Group
B commercial species pursuant to regulations adopted by the State
Board of Forestry and Fire Protection pursuant to Section 4526, and
that is 5 inches or more in diameter at breast height.
   (b) As part of the determination made pursuant to Section 21080.1,
a county shall determine whether a project within its jurisdiction
may result in a conversion of oak woodlands that will have a
significant effect on the environment.  If a county determines that
there may be a significant effect to oak woodlands, the county shall
require one or more of the following oak woodlands mitigation
alternatives to mitigate the significant effect of the conversion of
oak woodlands:
   (1) Conserve oak woodlands, through the use of conservation
easements.
   (2) (A) Plant an appropriate number of trees, including
maintaining plantings and replacing dead or diseased trees.
   (B) The requirement to maintain trees pursuant to this paragraph
terminates seven years after the trees are planted.
   (C) Mitigation pursuant to this paragraph shall not fulfill more
than one-half of the mitigation requirement for the project.
   (D) The requirements imposed pursuant to this paragraph also may
be used to restore former oak woodlands.
   (3) Contribute funds to the Oak Woodlands Conservation Fund, as
established under subdivision (a) of Section 1363 of the Fish and
Game Code, for the purpose of purchasing oak woodlands conservation
easements, as specified under paragraph (1) of subdivision (d) of
that section and the guidelines and criteria of the Wildlife
Conservation Board.   A project applicant that contributes funds
under this paragraph shall not receive a grant from the Oak Woodlands
Conservation Fund as part of the mitigation for the project.
   (4)  Other mitigation measures developed by the county.
   (c) Notwithstanding subdivision (d) of Section 1363 of the Fish
and Game Code, a county may use a grant awarded pursuant to the Oak
Woodlands Conservation Act (Article 3.5 (commencing with Section
1360) of Chapter 4 of Division 2 of the Fish and Game Code) to
prepare an oak conservation element for a general plan, an oak
protection ordinance, or an oak woodlands management plan, or
amendments thereto, that meets the requirements of this section.
   (d) The following are exempt from this section:
   (1) Projects undertaken pursuant to an approved Natural Community
Conservation Plan or approved subarea plan within an approved Natural
Community Conservation Plan that includes oaks as a covered species
or that conserves oak habitat through natural community conservation
preserve designation and implementation and mitigation measures that
are consistent with this section.
   (2) Affordable housing projects for lower income households, as
defined pursuant to Section 50079.5 of the Health and Safety Code,
that are located within an urbanized area, or within a sphere of
influence as defined pursuant to Section 56076 of the Government
Code.
   (3) Conversion of oak woodlands on agricultural land that includes
land that is used to produce or process plant and animal products
for commercial purposes.
   (4) Projects undertaken pursuant to Section 21080.5 of the Public
Resources Code.
   (e) (1) A lead agency that adopts, and a project that
incorporates, one or more of the measures specified in this section
to mitigate the significant effects to oaks and oak woodlands shall
be deemed to be in compliance with this division only as it applies
to effects on oaks and oak woodlands.
   (2) The Legislature does not intend this section to modify
requirements of this division, other than with regard to effects on
oaks and oak woodlands.
   (f) This section does not preclude the application of Section
21081 to a project.
   (g) This section, and the regulations adopted pursuant to this
section, shall not be construed as a limitation on the power of a
public agency to comply with this division or any other provision of
law.
21083.5.  (a) The guidelines prepared and adopted pursuant to
Section 21083 shall provide that, when an environmental impact
statement has been, or will be, prepared for the same project
pursuant to the requirements of the National Environmental Policy Act
of 1969 (42 U.S.C. Sec. 4321 et seq.) and implementing regulations,
or an environmental impact report has been, or will be, prepared for
the same project pursuant to the requirements of the Tahoe Regional
Planning Compact (Section 66801 of the Government Code) and
implementing regulations, all or any part of that statement or report
may be submitted in lieu of all or any part of an environmental
impact report required by this division, if that statement or report,
or the part which is used, complies with the requirements of this
division and the guidelines adopted pursuant thereto.
   (b) Notwithstanding subdivision (a), compliance with this division
may be achieved for the adoption in a city or county general plan,
without any additions or change, of all or any part of the regional
plan prepared pursuant to the Tahoe Regional Planning Compact and
implementing regulations  by reviewing environmental documents
prepared by the Tahoe Regional Planning Agency addressing the plan,
providing an analysis pursuant to this division of any significant
effect on the environment not addressed in the environmental
documents, and proceeding in accordance with Section 21081.  This
subdivision does not exempt a city or county from complying with the
public review and notice requirements of this division.
21083.6.  In the event that a project requires both an environmental
impact report prepared pursuant to the requirements of this division
and an environmental impact statement prepared pursuant to the
requirements of the National Environmental Policy Act of 1969, an
applicant may request and the lead agency may waive the time limits
established pursuant to Section 21100.2 or 21151.5 if it finds that
additional time is required to prepare a combined environmental
impact report-environmental impact statement and that the time
required to prepare such a combined document would be shorter than
that required to prepare each document separately.
21083.7.  (a) In the event that a project requires both an
environmental impact report prepared pursuant to the requirements of
this division and an environmental impact statement prepared pursuant
to the requirements of the National Environmental Policy Act of
1969, the lead agency shall, whenever possible, use the environmental
impact statement as such environmental impact report as provided in
Section 21083.5.
   (b) In order to implement this section, each lead agency to which
this section is applicable shall do both of the following, as soon as
possible:
   (1) Consult with the federal agency required to prepare such
environmental impact statement.
   (2) Notify the federal agency required to prepare the
environmental impact statement regarding any scoping meeting for the
proposed project.
21083.8.1.  (a) (1) For purposes of this section, "reuse plan" for a
military base  means an initial plan for the reuse of a military
base adopted by a local government or a redevelopment agency in the
form of a general plan, general plan amendment, specific plan,
redevelopment plan, or other planning document, except that the reuse
plan shall also consist of a statement of development policies,
include a diagram or diagrams illustrating its provisions, and make
the designation required in paragraph (2). "Military base" or "base"
means a military base or reservation either closed or realigned by,
or scheduled for closure or realignment by, the federal government.
   (2) The reuse plan shall designate the proposed general
distribution and general location of development intensity for
housing, business, industry, open space, recreation, natural
resources, public buildings and grounds, roads and other
transportation facilities, infrastructure, and other categories of
public and private uses of land.
   (b) (1) When preparing and certifying an environmental impact
report for a reuse plan, including when utilizing an environmental
impact statement pursuant to Section 21083.5, the determination of
whether the reuse plan may have a significant effect on the
environment may be made in the context of the physical conditions
that were present at the time that the federal decision became final
for the closure or realignment of the base. The no project
alternative analyzed in the environmental impact report shall discuss
the existing conditions on the base, as they exist at the time that
the environmental impact report is prepared, as well as what could be
reasonably expected to occur in the foreseeable future if the reuse
plan were not approved, based on current plans and consistent with
available infrastructure and services.
   (2) For purposes of this division, all public and private
activities taken pursuant to, or in furtherance of, a reuse plan
shall be deemed to be a single project.  However, further
environmental review of any such public or private activity shall be
conducted if any of the events specified in Section 21166 have
occurred.
   (c) Prior to preparing an environmental impact report for which a
lead agency chooses to utilize the provisions of this section, the
lead agency shall do all of the following:
   (A) Hold a public hearing at which is discussed the federal
environmental impact statement prepared for, or in the process of
being prepared for, the closure of the military base.  The discussion
shall include the significant effects on the environment examined in
the environmental impact statement, potential methods of mitigating
those effects, including feasible alternatives, and the mitigative
effects of federal, state, and local laws applicable to future
nonmilitary activities.  Prior to the close of the hearing, the lead
agency may specify the baseline conditions for the reuse plan
environmental impact report prepared, or in the process of being
prepared, for the closure of the base.  The lead agency may specify
particular physical conditions that it will examine in greater detail
than were examined in the environmental impact statement.  Notice of
the hearing shall be given as provided in Section 21092.  The
hearing may be continued from time to time.
   (B) Identify pertinent responsible agencies and trustee agencies
and consult with those agencies prior to the public hearing as to the
application of their regulatory policies and permitting standards to
the proposed baseline for environmental analysis, as well as to the
reuse plan and planned future nonmilitary land uses of the base.  The
affected agencies shall have not less than 30 days prior to the
public hearing to review the proposed reuse plan and to submit their
comments to the lead agency.
   (C) At the close of the hearing, the lead agency shall state in
writing how the lead agency intends to integrate the baseline for
analysis with the reuse planning and environmental review process,
taking into account the adopted environmental standards of the
community, including, but not limited to, the applicable general
plan, specific plan, and redevelopment plan, and including other
applicable provisions of adopted congestion management plans, habitat
conservation or natural communities conservation plans, integrated
waste management plans, and county hazardous waste management plans.
   (D) At the close of the hearing, the lead agency shall state, in
writing, the specific economic or social reasons, including, but not
limited to, new job creation, opportunities for employment of skilled
workers, availability of low- and moderate-income housing, and
economic continuity, which support the selection of the baseline.
   (d) (1) Nothing in this section shall in any way limit the scope
of a review or determination of significance of the presence of
hazardous or toxic wastes, substances, or materials including, but
not limited to, contaminated soils and groundwater, nor shall the
regulation of hazardous or toxic wastes, substances, or materials be
constrained by prior levels of activity that existed at the time that
the federal agency decision to close the military base became final.
   (2) This section does not apply to any project undertaken pursuant
to Chapter 6.5 (commencing with Section 25100) of, or Chapter 6.8
(commencing with Section 25300) of, Division 20 of the Health and
Safety Code, or pursuant to the Porter-Cologne Water Quality Control
Act (Division 7 (commencing with Section 13000) of the Water Code).
   (3) This section may apply to any reuse plan environmental impact
report for which a notice of preparation pursuant to subdivision (a)
of Section 21092 is issued within one year from the date that the
federal record of decision was rendered for the military base closure
or realignment and reuse, or prior to January 1, 1997, whichever is
later, if the environmental impact report is completed and certified
within five years from the date that the federal record of decision
was rendered.
   (e) All subsequent development at the military base shall be
subject to all applicable federal, state, or local laws, including,
but not limited to, those relating to air quality, water quality,
traffic, threatened and endangered species, noise, and hazardous or
toxic wastes, substances, or materials.
21083.9.  (a) Notwithstanding Section 21080.4, 21104, or 21153, a
lead agency shall call at least one scoping meeting for either of the
following:
   (1) A proposed project that may affect highways or other
facilities under the jurisdiction of the Department of Transportation
if the meeting is requested by the department.  The lead agency
shall call the scoping meeting as soon as possible, but not later
than 30 days after receiving the request from the Department of
Transportation.
   (2) A project of statewide, regional, or areawide significance.
   (b) The lead agency shall provide notice of at least one scoping
meeting held pursuant to paragraph (2) of subdivision (a) to all of
the following:
   (1) Any county or city that borders on a county or city within
which the project is located, unless otherwise designated annually by
agreement between the lead agency and the county or city.
   (2) Any responsible agency.
   (3) Any public agency that has jurisdiction by law with respect to
the project.
   (4) Any organization or individual who has filed a written request
for the notice.
   (c) For any entity, organization, or individual that is required
to be provided notice of a lead agency public meeting, the
requirement for notice of a scoping meeting pursuant to subdivision
(b) may be met by including the notice of a scoping meeting in the
public meeting notice.
   (d) A scoping meeting that is held in the city or county within
which the project is located pursuant to the National Environmental
Policy Act (42 U.S.C.  Sec. 4321 et seq.) and the regulations adopted
pursuant to that act shall be deemed to satisfy the requirement that
a scoping meeting be held for a project subject to paragraph (2) of
subdivision (a) if the lead agency meets the notice requirements of
subdivision (b) or subdivision (c).
21084.  (a) The guidelines prepared and adopted pursuant to Section
21083 shall include a list of classes of projects which have been
determined not to have a significant effect on the environment and
which shall be exempt from this division.  In adopting the
guidelines, the Secretary of the Resources Agency shall make a
finding that the listed classes of projects referred to in this
section do not have a significant effect on the environment.
   (b) No project which may result in damage to scenic resources,
including, but not limited to, trees, historic buildings, rock
outcroppings, or similar resources, within a highway designated as an
official state scenic highway, pursuant to Article 2.5 (commencing
with Section 260) of Chapter 2 of Division 1 of the Streets and
Highways Code, shall be exempted from this division pursuant to
subdivision (a).  This subdivision does not apply to improvements as
mitigation for a project for which a negative declaration has been
approved or an environmental impact report has been certified.
   (c) No project located on a site which is included on any list
compiled pursuant to Section 65962.5 of the Government Code shall be
exempted from this division pursuant to subdivision (a).
   (d) The changes made to this section by Chapter 1212 of the
Statutes of 1991 apply only to projects for which applications have
not been deemed complete on or before January 1, 1992, pursuant to
Section 65943 of the Government Code.
   (e) No project that may cause a substantial adverse change in the
significance of an historical resource, as specified in Section
21084.1, shall be exempted from this division pursuant to subdivision
(a).
21084.1.  A project that may cause a substantial adverse change in
the significance of an historical resource is a project that may have
a significant effect on the environment.  For purposes of this
section, an historical resource is a resource listed in, or
determined to be eligible for listing in, the California Register of
Historical Resources.  Historical resources included in a local
register of historical resources, as defined in subdivision (k) of
Section 5020.1, or deemed significant pursuant to criteria set forth
in subdivision (g) of Section 5024.1, are presumed to be historically
or culturally significant for purposes of this section, unless the
preponderance of the evidence demonstrates that the resource is not
historically or culturally significant.  The fact that a resource is
not listed in, or determined to be eligible for listing in, the
California Register of Historical Resources, not included in a local
register of historical resources, or not deemed significant pursuant
to criteria set forth in subdivision (g) of Section 5024.1 shall not
preclude a lead agency from determining whether the resource may be
an historical resource for purposes of this section.
21085.7.  (a) (1) If an environmental impact report for a project at
an airport that is owned by a city and county and that is located in
another county identifies as a proposed mitigation measure the
acquisition, enhancement, and restoration of salt ponds and the lead
agency proposes the payment of funds to one or more public agencies
to mitigate the impacts of the proposed project and the public agency
or agencies propose to use those funds to acquire, enhance, and
restore land, the lead agency shall include in the environmental
impact report on the proposed project a detailed statement of the
mitigation measure, including all of the following:
   (A) An analysis of the relationship between the impacts of the
proposed project and the benefits of the proposed acquisition,
enhancement, and restoration of land that the payment of funds would
allow.
   (B) An analysis of the feasibility of the proposed acquisition,
enhancement, and restoration.
   (C)  A discussion of the expected impacts of the proposed
acquisition, enhancement, and restoration.
   (2) The detailed statement of the mitigation measure shall consist
of the following:
   (A) Information in existence at the time the environmental impact
report is prepared, including the restoration goals specific to salt
ponds as identified in the San Francisco Estuary Baylands Ecosystem
Goals Report published in 1999.
   (B) Information that is reasonably obtainable, including, but not
limited to, a hydrodynamic analysis of potential flood impacts, and
analyses regarding the potential for the following:
   (i) Changes to the waters and tidal currents of the southern
portions of the San Francisco Bay.
   (ii) Potential alterations to the San Francisco Bay floor.
   (iii) Related impacts on water quality.
   (3) If, at the time of the publication of the draft environmental
impact report, a restoration plan has not been adopted by a public
agency with jurisdiction to carry out the restoration project, the
lead agency for the airport project need not prepare a detailed
restoration plan or analyze the impacts of a restoration plan for the
lands proposed for acquisition, enhancement, and restoration;
however, the lead agency shall evaluate a conceptual restoration
plan, and shall fully evaluate a potentially feasible alternate
mitigation measure that does not depend on the salt ponds.
   (b) If the lead agency for the airport project approves the
proposed project and approves the payment of funds for the
acquisition, enhancement, and restoration of land as a mitigation
measure, it shall make both such approvals contingent upon an
agreement between the lead agency and the public agency or agencies
wherein the public agency or agencies agree to use the funds solely
for the following purposes:
   (1) The acquisition, enhancement, and restoration of the lands
identified by the lead agency in its detailed statement of the
mitigation measure.
   (2) The preparation and implementation of a restoration plan that,
at a minimum, mitigates the significant impact that would be
substantially lessened or avoided by implementation of the mitigation
measure as identified in the final environmental impact report
certified by the lead agency.
   (c) The agreement described in subdivision (b) shall identify a
feasible alternative mitigation measure to be implemented if the
restoration of all or a portion of the salt ponds proves to be
infeasible, as determined by the lead agency.
   (d) Nothing in this section shall be interpreted to assess or
assign liability with respect to the salt ponds.
   (e) Funds for the costs of mitigation shall include the costs of
the environmental reviews conducted by a state agency of the
restoration plan prepared by a state agency.
   (f) This section shall only apply to the acquisition, enhancement,
and restoration of salt ponds located in the southerly portion of
the San Francisco Bay.
   (g) As used in this section, "acquisition, enhancement, and
restoration" also includes acquisition, enhancement, or restoration.
   (h) This section shall remain in effect only until January 1,
2008, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2008, deletes or extends
that date.
21086.  (a) A public agency may, at any time, request the addition
or deletion of a class of projects, to the list designated pursuant
to Section 21084.  That request shall be made in writing to the
Office of Planning and Research and shall include information
supporting the public agency's position that the class of projects
does, or does not, have a significant effect on the environment.
   (b) The Office of Planning and Research shall review each request
and, as soon as possible, shall submit its recommendation to the
Secretary of the Resources Agency.  Following the receipt of that
recommendation, the Secretary of the Resources Agency may add or
delete the class of projects to the list of classes of projects
designated pursuant to Section 21084 that are exempt from the
requirements of this division.
   (c) The addition or deletion of a class of projects, as provided
in this section, to the list specified in Section 21084 shall
constitute an amendment to the guidelines adopted pursuant to Section
21083 and shall be adopted in the manner prescribed in Sections
21083 and 21084.
21088.  The Secretary of the Resources Agency shall provide for the
timely distribution to all public agencies of the guidelines and any
amendments or changes thereto.  In addition, the Secretary of the
Resources Agency may provide for publication of a bulletin to provide
public notice of the guidelines, or any amendments or changes
thereto, and of the completion of environmental impact reports
prepared in compliance with this division.
21089.  (a) A lead agency may charge and collect a reasonable fee
from any person proposing a project subject to this division in order
to recover the estimated costs incurred by the lead agency in
preparing a negative declaration or an environmental impact report
for the project and for procedures necessary to comply with this
division on the project.  Litigation expenses, costs, and fees
incurred in actions alleging noncompliance with this division under
Section 21167 are not recoverable under this section.
   (b) The Department of Fish and Game may charge and collect filing
fees, as provided in Section 711.4 of the Fish and Game Code.
Notwithstanding Section 21080.1, a finding required under Section
21081, or any project approved under a certified regulatory program
authorized pursuant to Section 21080.5 is not operative, vested, or
final until the filing fees required pursuant to Section 711.4 of the
Fish and Game Code are paid.
21090.  (a) An environmental impact report for a redevelopment plan
may be a master environmental impact report, program environmental
impact report, or a project environmental impact report.  Any
environmental impact report for a redevelopment plan shall specify
the type of environmental impact report that is prepared for the
redevelopment plan.
   (b) If the environmental impact report for a redevelopment plan is
a project environmental impact report, all public and private
activities or undertakings pursuant to, or in furtherance of, a
redevelopment plan shall be deemed to be a single project.  However,
further environmental review of any public or private activity or
undertaking pursuant to, or in furtherance of, a redevelopment plan
for which a project environmental impact report has been certified
shall be conducted if any of the events specified in Section 21166
have occurred.
21090.1.  For all purposes of this division, a geothermal
exploratory project shall be deemed to be separate and distinct from
any subsequent geothermal field development project as defined in
Section 65928.5 of the Government Code.
21091.  (a) The public review period for a draft environmental
impact report may not be less than 30 days. If the draft
environmental impact report is submitted to the State Clearinghouse
for review, the review period shall be at least 45 days, and the lead
agency shall provide a sufficient number of copies of the document
to the State Clearinghouse for review and comment by state agencies.
   (b) The public review period for a proposed negative declaration
or proposed mitigated negative declaration may not be less than 20
days. If the proposed negative declaration or proposed mitigated
negative declaration is submitted to the State Clearinghouse for
review, the review period shall be at least 30 days, and the lead
agency shall provide a sufficient number of copies of the document to
the State Clearinghouse for review and comment by state agencies.
   (c) (1) Notwithstanding subdivisions (a) and (b), if a draft
environmental impact report, proposed negative declaration, or
proposed mitigated negative declaration is submitted to the State
Clearinghouse for review and the period of review by the State
Clearinghouse is longer than the public review period established
pursuant to subdivision (a) or (b), whichever is applicable, the
public review period shall be at least as long as the period of
review and comment by state agencies as established by the State
Clearinghouse.
   (2) The public review period and the state agency review period
may, but are not required to, begin and end at the same time. Day one
of the state agency review period shall be the date that the State
Clearinghouse distributes the document to state agencies.
   (3) If the submittal of a CEQA document is determined by the State
Clearinghouse to be complete, the State Clearinghouse shall
distribute the document within three working days from the date of
receipt. The State Clearinghouse shall specify the information that
will be required in order to determine the completeness of the
submittal of a CEQA document.
   (d) (1) The lead agency shall consider comments it receives on a
draft environmental impact report, proposed negative declaration, or
proposed mitigated negative declaration if those comments are
received within the public review period.
   (2) (A) With respect to the consideration of comments received on
a draft environmental impact report, the lead agency shall evaluate
comments on environmental issues that are received from persons who
have reviewed the draft and shall prepare a written response pursuant
to subparagraph (B). The lead agency may also respond to comments
that are received after the close of the public review period.
   (B) The written response shall describe the disposition of each
significant environmental issue that is raised by commenters. The
responses shall be prepared consistent with Section 15088 of Title 14
of the California Code of Regulations, as those regulations existed
on June 1, 1993.
   (3) (A) With respect to the consideration of comments received on
a draft environmental impact report, proposed negative declaration,
proposed mitigated negative declaration, or notice pursuant to
Section 21080.4, the lead agency shall accept comments via e-mail and
shall treat e-mail comments as equivalent to written comments.
   (B) Any law or regulation relating to written comments received on
a draft environmental impact report, proposed negative declaration,
proposed mitigated negative declaration, or notice received pursuant
to Section 21080.4, shall also apply to e-mail comments received for
those reasons.
   (e) (1) Criteria for shorter review periods by the State
Clearinghouse for documents that must be submitted to the State
Clearinghouse shall be set forth in the written guidelines issued by
the Office of Planning and Research and made available to the public.
   (2) Those shortened review periods may not be less than 30 days
for a draft environmental impact report and 20 days for a negative
declaration.
   (3) A request for a shortened review period shall only be made in
writing by the decisionmaking body of the lead agency to the Office
of Planning and Research. The decisionmaking body may designate by
resolution or ordinance a person authorized to request a shortened
review period. A designated person shall notify the decisionmaking
body of this request.
   (4) A request approved by the State Clearinghouse shall be
consistent with the criteria set forth in the written guidelines of
the Office of Planning and Research.
   (5) A shortened review period may not be approved by the Office of
Planning and Research for a proposed project of statewide, regional,
or areawide environmental significance as determined pursuant to
Section 21083.
   (6) An approval of a shortened review period shall be given prior
to, and reflected in, the public notice required pursuant to Section
21092.
   (f) Prior to carrying out or approving a project for which a
negative declaration has been adopted, the lead agency shall consider
the negative declaration together with comments that were received
and considered pursuant to paragraph (1) of subdivision (d).
21091.5.  Notwithstanding subdivision (a) of Section 21091, or any
other provision of this division, the public review period for a
draft environmental impact report prepared for a proposed project
involving the expansion or enlargement of a publicly owned airport
requiring the acquisition of any tide and submerged lands or other
lands subject to the public trust for commerce, navigation, or
fisheries, or any interest therein, shall be not less than 120 days.
21092.  (a) Any lead agency that is preparing an environmental
impact report or a negative declaration or making a determination
pursuant to subdivision (c) of Section 21157.1 shall provide public
notice of that fact within a reasonable period of time prior to
certification of the environmental impact report, adoption of the
negative declaration, or making the determination pursuant to
subdivision (c) of Section 21157.1.
   (b) (1) The notice shall specify the period during which comments
will be received on the draft environmental report or negative
declaration, and shall include the date, time, and place of any
public meetings or hearings on the proposed project, a brief
description of the proposed project and its location, the significant
effects on the environment, if any, anticipated as a result of the
project, and the address where copies of the draft environmental
impact report or negative declaration, and all documents referenced
in the draft environmental impact report or negative declaration, are
available for review.
   (2) This section shall not be construed in any manner that results
in the invalidation of an action because of the alleged inadequacy
of the notice content, provided that there has been substantial
compliance with the notice content requirements of this section.
   (3) The notice required by this section shall be given to the last
known name and address of all organizations and individuals who have
previously requested notice and shall also be given by at least one
of the following procedures:
   (A) Publication, no fewer times than required by Section 6061 of
the Government Code, by the public agency in a newspaper of general
circulation in the area affected by the proposed project.  If more
than one area will be affected, the notice shall be published in the
newspaper of largest circulation from among the newspapers of general
circulation in those areas.
   (B) Posting of notice by the lead agency on- and off-site in the
area where the project is to be located.
   (C) Direct mailing to the owners and occupants of contiguous
property shown on the latest equalized assessment roll.
   (c) For any project involving the burning of municipal wastes,
hazardous waste, or refuse-derived fuel, including, but not limited
to, tires, meeting the qualifications of subdivision (d), notice
shall be given to all organizations and individuals who have
previously requested notice and shall also be given by at least the
procedures specified in subparagraphs (A), (B), and (C) of paragraph
(3) of subdivision (b).  In addition, notification shall be given by
direct mailing to the owners and occupants of property within
one-fourth of a mile of any parcel or parcels on which is located a
project subject to this subdivision.  This subdivision does not apply
to any project for which notice has already been provided as of July
14, 1989, in compliance with this section as it existed prior to
July 14, 1989.
   (d) The notice requirements of subdivision (c) apply to both of
the following:
   (1) The construction of a new facility.
   (2) The expansion of an existing facility which burns hazardous
waste which would increase its permitted capacity by more than 10
percent.  For purposes of this paragraph, the amount of expansion of
an existing facility shall be calculated by comparing the proposed
facility capacity with whichever of the following is applicable:
   (A) The facility capacity approved in the facility's hazardous
waste facilities permit pursuant to Section 25200 of the Health and
Safety Code or its grant of interim status pursuant to Section
25200.5 of the Health and Safety Code, or the facility capacity
authorized in any state or local agency permit allowing the
construction or operation of a facility for the burning of hazardous
waste, granted before January 1, 1990.
   (B) The facility capacity authorized in the facility's original
hazardous waste facilities permit, grant of interim status, or any
state or local agency permit allowing the construction or operation
of a facility for the burning of hazardous waste, granted on or after
January 1, 1990.
   (e) The notice requirements specified in subdivision (b) or (c)
shall not preclude a public agency from providing additional notice
by other means if the agency so desires, or from providing the public
notice required by this section at the same time and in the same
manner as public notice otherwise required by law for the project.
21092.1.  When significant new information is added to an
environmental impact report after notice has been given pursuant to
Section 21092 and consultation has occurred pursuant to Sections
21104 and 21153, but prior to certification, the public agency shall
give notice again pursuant to Section 21092, and consult again
pursuant to Sections 21104 and 21153 before certifying the
environmental impact report.
21092.2.  The notices required pursuant to Sections 21080.4,
21083.9, 21092, 21108, and 21152 shall be mailed to  every person who
has filed a written request for notices with either the clerk of the
governing body or, if there is no governing body, the director of
the agency.  If the agency offers to provide the notices by e-mail,
upon filing a written request for notices, a person may request that
the notices be provided to him or her by e-mail.  The request may
also be filed with any other person designated by the governing body
or director to receive these requests.  The agency may require
requests for notices to be annually renewed.  The public agency may
charge a fee, except to other public agencies, that is reasonably
related to the costs of providing this service.  This section may not
be construed in any manner that results in the invalidation of an
action because of the failure of a person to receive a requested
notice, provided that there has been substantial compliance with the
requirements of this section.
21092.3.  The notices required pursuant to Sections 21080.4 and
21092 for an environmental impact report shall be posted in the
office of the county clerk of each county in which the project will
be located and shall remain posted for a period of 30 days.  The
notice required pursuant to Section 21092 for a negative declaration
shall be so posted for a period of 20 days, unless otherwise required
by law to be posted for 30 days.  The county clerk shall post the
notices within 24 hours of receipt.
21092.4.  (a) For a project of statewide, regional, or areawide
significance, the lead agency shall consult with transportation
planning agencies and public agencies which have transportation
facilities within their jurisdictions which could be affected by the
project.  Consultation shall be conducted in the same manner as for
responsible agencies pursuant to this division, and shall be for the
purpose of the lead agency obtaining information concerning the
project's effect on major local arterials, public transit, freeways,
highways, and rail transit service within the jurisdiction of a
transportation planning agency or a public agency which is consulted
by the lead agency.  A transportation planning agency or public
agency which provides information to the lead agency shall be
notified of, and provided with copies of, environmental documents
pertaining to the project.
   (b) As used in this section, "transportation facilities" includes
major local arterials and public transit within five miles of the
project site and freeways, highways, and rail transit service within
10 miles of the project site.
21092.5.  (a) At least 10 days prior to certifying an environmental
impact report, the lead agency shall provide a written proposed
response to a public agency on comments made by that agency which
conform with the requirements of this division.  Proposed responses
shall conform with the legal standards established for responses to
comments on draft environmental impact reports.  Copies of responses
or the environmental document in which they are contained, prepared
in conformance with other requirements of this division and the
guidelines adopted pursuant to Section 21083, may be used to meet the
requirements imposed by this section.
   (b) The lead agency shall notify any public agency which comments
on a negative declaration, of the public hearing or hearings, if any,
on the project for which the negative declaration was prepared.  If
notice to the commenting public agency is provided pursuant to
Section 21092, the notice shall satisfy the requirement of this
subdivision.
   (c) Nothing in this section requires the lead agency to respond to
comments not received within the comment periods specified in this
division, to reopen comment periods, or to delay acting on a negative
declaration or environmental impact report.
21092.6.  (a) The lead agency shall consult the lists compiled
pursuant to Section 65962.5 of the Government Code to determine
whether the project and any alternatives are located on a site which
is included on any list.  The lead agency shall indicate whether a
site is on any  list not already identified by the applicant.  The
lead agency shall specify the list and include the information in the
statement required pursuant to subdivision (f) of Section 65962.5 of
the Government Code, in the notice required pursuant to Section
21080.4, a negative declaration, and a draft environmental impact
report.  The requirement in this section to specify any list shall
not be construed to limit compliance with this division.
   (b) If a project or any alternatives are located on a site which
is included on any of the lists compiled pursuant to Section 65962.5
of the Government Code and the lead agency did not accurately specify
or did not specify any list pursuant to subdivision (a), the
California Environmental Protection Agency shall notify the lead
agency specifying any list with the site when it receives notice
pursuant to Section 21080.4, a negative declaration, and a draft
environmental impact report.  The California Environmental Protection
Agency shall not be liable for failure to notify the lead agency
pursuant to this subdivision.
   (c) This section applies only to projects for which applications
have not been deemed complete pursuant to Section 65943 of the
Government Code on or before January 1, 1992.
21093.  (a) The Legislature finds and declares that tiering of
environmental impact reports will promote construction of needed
housing and other development projects by (1) streamlining regulatory
procedures, (2) avoiding repetitive discussions of the same issues
in successive environmental impact reports, and (3) ensuring that
environmental impact reports prepared for later projects which are
consistent with a previously approved policy, plan, program, or
ordinance concentrate upon environmental effects which may be
mitigated or avoided in connection with the decision on each later
project.  The Legislature further finds and declares that tiering is
appropriate when it helps a public agency to focus upon the issues
ripe for decision at each level of environmental review and in order
to exclude duplicative analysis of environmental effects examined in
previous environmental impact reports.
   (b) To achieve this purpose, environmental impact reports shall be
tiered whenever feasible, as determined by the lead agency.
21094.  (a) Where a prior environmental impact report has been
prepared and certified for a program, plan, policy, or ordinance, the
lead agency for a later project that meets the requirements of this
section shall examine significant effects of the later project upon
the environment by using a tiered environmental impact report, except
that the report on the later project need not examine those effects
which the lead agency determines were either (1) mitigated or avoided
pursuant to paragraph (1) of subdivision (a) of Section 21081 as a
result of the prior environmental impact report, or (2) examined at a
sufficient level of detail in the prior environmental impact report
to enable those effects to be mitigated or avoided by site specific
revisions, the imposition of conditions, or by other means in
connection with the approval of the later project.
   (b) This section applies only to a later project which the lead
agency determines (1) is consistent with the program, plan, policy,
or ordinance for which an environmental impact report has been
prepared and certified, (2) is consistent with applicable local land
use plans and zoning of the city, county, or city and county in which
the later project would be located, and (3) is not subject to
Section 21166.
   (c) For purposes of compliance with this section, an initial study
shall be prepared to assist the lead agency in making the
determinations required by this section.  The initial study shall
analyze whether the later project may cause significant effects on
the environment that were not examined in the prior environmental
impact report.
   (d) All public agencies which propose to carry out or approve the
later project may utilize the prior environmental impact report and
the environmental impact report on the later project to fulfill the
requirements of Section 21081.
   (e) When tiering is used pursuant to this section, an
environmental impact report prepared for a later project shall refer
to the prior environmental impact  report and state where a copy of
the prior environmental impact report may be examined.
21095.  (a) The Resources Agency, in consultation with the Office of
Planning and Research, shall develop an amendment to Appendix G of
the state guidelines, for adoption pursuant to Section 21083, to
provide lead agencies an optional methodology to ensure that
significant effects on the environment of agricultural land
conversions are quantitatively and consistently considered in the
environmental review process.
   (b) The Department of Conservation, in consultation with the
United States Department of Agriculture pursuant to Section 658.6 of
Title 7 of the Code of Federal Regulations, and in consultation with
the Resources Agency and the Office of Planning and Research, shall
develop a state model land evaluation and site assessment system,
contingent upon the availability of funding from non-General Fund
sources.  The department shall seek funding for that purpose from
non-General Fund sources, including, but not limited to, the United
States Department of Agriculture.
   (c) In lieu of developing an amendment to Appendix G of the state
guidelines pursuant to subdivision (a), the Resources Agency may
adopt the state model land evaluation and site assessment system
developed pursuant to subdivision (b) as that amendment to Appendix
G.
21096.  (a) If a lead agency prepares an environmental impact report
for a project situated within airport land use compatibility plan
boundaries, or, if an airport land use compatibility plan has not
been adopted, for a project within two nautical miles of a public
airport or public use airport, the Airport Land Use Planning Handbook
published by the Division of Aeronautics of the Department of
Transportation, in compliance with Section 21674.5 of the Public
Utilities Code and other documents, shall be utilized as technical
resources to assist in the preparation of the environmental impact
report as the report relates to airport-related safety hazards and
noise problems.
   (b) A lead agency shall not adopt a negative declaration for a
project described in subdivision (a) unless the lead agency considers
whether the project will result in a safety hazard or noise problem
for persons using the airport or for persons residing or working in
the project area.
21098.  (a) For the purposes of this section, the following terms
have the following meanings:
   (1) "Low-level flight path" includes any flight path for any
aircraft owned, maintained, or that is under the jurisdiction of the
United States Department of Defense that flies lower than 1,500 feet
above ground level, as indicated in the United States Department of
Defense Flight Information Publication, "Area Planning Military
Training Routes:  North and South America (AP/1B)" published by the
United States National Imagery and Mapping Agency.
   (2) "Military impact zone" includes any area, including airspace,
that meets both of the following criteria:
   (A) Is within two miles of a military installation, including, but
not limited to, any base, military airport, camp, post, station,
yard, center, homeport facility for a ship, or any other military
activity center that is under the jurisdiction of the United States
Department of Defense.
   (B) Covers greater than 500 acres of unincorporated land, or
greater than 100 acres of city incorporated land.
   (3) "Military service" means any branch of the United States Armed
Forces.
   (4) "Special use airspace" means the land area underlying the
airspace that is designated for training, research, development, or
evaluation for a military service, as that land area is established
by the United States Department of Defense Flight Information
Publication, "Area Planning:  Special Use Airspace:  North and South
America (AP/1A)" published by the United States National Imagery and
Mapping Agency.
   (b) If the United States Department of Defense or a military
service notifies a lead agency of the contact office and address for
the military service and the specific boundaries of a low-level
flight path, military impact zone, or special use airspace, the lead
agency shall submit notices, as required pursuant to Sections 21080.4
and 21092, to the military service if the project is within those
boundaries and any of the following apply:
   (1) The project includes a general plan amendment.
   (2) The project is of statewide, regional, or areawide
significance.
   (3) The project is required to be referred to the airport land use
commission, or appropriately designated body, pursuant to Article
3.5 (commencing with Section 21670) of Chapter 4 of Part 1 of
Division 9 of the Public Utilities Code.
   (c) The requirement to submit notices imposed by this section does
not apply to any of the following:
   (1) Response actions taken pursuant to Chapter 6.8 (commencing
with Section 25300) of Division 20 of the Health and Safety Code.
   (2) Response actions taken pursuant to Chapter 6.85 (commencing
with Section 25396) of Division 20 of the Health and Safety Code.
   (3) Sites subject to corrective action orders issued pursuant to
Section 25187 of the Health and Safety Code.
   (d) (1) The effect or potential effect that a project may have on
military activities does not itself constitute an adverse effect on
the environment for the purposes of this division.
   (2) Notwithstanding paragraph (1), a project's impact on military
activities may cause, or be associated with, adverse effects on the
environment that are subject to the requirements of this division,
including, but not limited to, Section 21081.