reglab/statecodes huggingface dataset:
2023 California Code › Public Resources Code - PRC › DIVISION 12.9 - FIBERGLASS RECYCLED CONTENT ACT OF 1991 › CHAPTER 3 - Cullet Specifications for Fiberglass Manufacturing › Section 19518.

19518. The department may change minimum quality specifications based upon the fiberglass industries’ ability to use cullet with higher levels of contamination.
(Added by Stats. 1991, Ch. 706, Sec. 1.)
2023 California Code › Public Resources Code - PRC › DIVISION 12.9 - FIBERGLASS RECYCLED CONTENT ACT OF 1991 › CHAPTER 3 - Cullet Specifications for Fiberglass Manufacturing › Section 19519.

19519. A fiberglass manufacturer shall comply with all applicable state and federal laws, regulations, and permits concerning the environment, health, or safety when using cullet in fiberglass manufacturing.
(Added by Stats. 1991, Ch. 706, Sec. 1.)
2023 California Code › Public Resources Code - PRC › DIVISION 12.9 - FIBERGLASS RECYCLED CONTENT ACT OF 1991 › CHAPTER 4 - Certification of Use › Section 19520.

19520. Each fiberglass manufacturer shall, on or before March 1 of each year, submit a report to the department certifying the number of tons of cullet used for the manufacture of fiberglass during the preceding calendar year and the number of tons of fiberglass sold in the state during the preceding calendar year.
(Added by Stats. 1991, Ch. 706, Sec. 1.)
2023 California Code › Public Resources Code - PRC › DIVISION 12.9 - FIBERGLASS RECYCLED CONTENT ACT OF 1991 › CHAPTER 4 - Certification of Use › Section 19521.

19521. Every fiberglass manufacturer who submits glass cullet content usage certification pursuant to Section 19520 may be subject to an audit by the department to ensure that the cullet was used.
(Added by Stats. 1991, Ch. 706, Sec. 1.)
2023 California Code › Public Resources Code - PRC › DIVISION 12.9 - FIBERGLASS RECYCLED CONTENT ACT OF 1991 › CHAPTER 4 - Certification of Use › Section 19522.

19522. If a manufacturer of fiberglass is unable to obtain sufficient amounts of cullet within any certification period, the manufacturer shall certify this fact to the department and provide the department with the specific reason for failing to use cullet, including verification of a best faith effort to use the cullet, and evidence that the cullet failed to meet minimum quality specifications pursuant to Chapter 3 (commencing with Section 19515) and, therefore, presented a significant barrier to meeting the requirements of Chapter 2 (commencing with Section 19510).
(Added by Stats. 1991, Ch. 706, Sec. 1.)
2023 California Code › Public Resources Code - PRC › DIVISION 12.9 - FIBERGLASS RECYCLED CONTENT ACT OF 1991 › CHAPTER 4 - Certification of Use › Section 19523.

19523. For the purposes of implementing and enforcing these provisions, the department shall develop and maintain a list which identifies all fiberglass manufacturers. The department shall also make available to fiberglass manufacturers names and addresses of all recyclers and processors of cullet certified pursuant to Division 12.1 (commencing with Section 14500).
(Added by Stats. 1991, Ch. 706, Sec. 1.)
2023 California Code › Public Resources Code - PRC › DIVISION 12.9 - FIBERGLASS RECYCLED CONTENT ACT OF 1991 › CHAPTER 5 - Enforcement › Section 19530.

19530. If any person provides a fiberglass manufacturer with false or misleading information concerning the recycled content of glass cullet, the department, within 30 days of making this determination, shall refer the false or misleading certificate to the Attorney General for prosecution for fraud.
(Added by Stats. 1991, Ch. 706, Sec. 1.)
2023 California Code › Public Resources Code - PRC › DIVISION 12.9 - FIBERGLASS RECYCLED CONTENT ACT OF 1991 › CHAPTER 5 - Enforcement › Section 19531.

19531. If any fiberglass manufacturer provides the department with a false or misleading certificate concerning the percentage of glass cullet used pursuant to this division pursuant to Section 19520, the department, within 30 days of making this determination, shall refer the false or misleading certificate to the Attorney General for prosecution for fraud.
(Added by Stats. 1991, Ch. 706, Sec. 1.)
2023 California Code › Public Resources Code - PRC › DIVISION 12.9 - FIBERGLASS RECYCLED CONTENT ACT OF 1991 › CHAPTER 5 - Enforcement › Section 19532.

19532. If any fiberglass manufacturer provides the department with a false or misleading certificate concerning why the fiberglass manufacturer was unable to meet the content requirements due to technical infeasibility pursuant to Section 19522, the department, within 30 days of making this determination, shall refer the false or misleading certificate to the Attorney General for prosecution for fraud.
(Added by Stats. 1991, Ch. 706, Sec. 1.)
2023 California Code › Public Resources Code - PRC › DIVISION 12.9 - FIBERGLASS RECYCLED CONTENT ACT OF 1991 › CHAPTER 5 - Enforcement › Section 19533.

19533. Information on glass cullet prices or other prices obtained by the department in the course of an audit is proprietary information and the department shall not make this information available to the general public.
(Added by Stats. 1991, Ch. 706, Sec. 1.)
2023 California Code › Public Resources Code - PRC › DIVISION 12.9 - FIBERGLASS RECYCLED CONTENT ACT OF 1991 › CHAPTER 5 - Enforcement › Section 19534.

19534. This division does not prevent a person from selling or using fiberglass made of 100 percent virgin content, as long as the fiberglass manufacturer meets the content requirements of Chapter 2 (commencing with Section 19510).
(Added by Stats. 1991, Ch. 706, Sec. 1.)
2023 California Code › Public Resources Code - PRC › DIVISION 12.9 - FIBERGLASS RECYCLED CONTENT ACT OF 1991 › CHAPTER 5 - Enforcement › Section 19535.

19535. (a) Any person who violates Chapter 2 (commencing with Section 19510) or this section is guilty of an infraction punishable by a fine of not more than one thousand dollars ($1,000).
(b) In addition to subdivision (a), any person who violates this division may be assessed a civil penalty by the department of not more than one thousand dollars ($1,000) for each violation, pursuant to a notice and a hearing conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. Any civil penalties and fines received pursuant to this section shall be deposited in the Fiberglass Recycled Content Account, which is hereby established in the California Beverage Container Recycling Fund, and the funds in that account may be expended by the department for the administration of this division upon appropriation by the Legislature.
(Added by Stats. 1991, Ch. 706, Sec. 1.)
2023 California Code › Public Resources Code - PRC › DIVISION 13 - ENVIRONMENTAL QUALITY › CHAPTER 1 - Policy › Section 21000.

21000. The Legislature finds and declares as follows:
(a) The maintenance of a quality environment for the people of this state now and in the future is a matter of statewide concern.
(b) It is necessary to provide a high-quality environment that at all times is healthful and pleasing to the senses and intellect of man.
(c) There is a need to understand the relationship between the maintenance of high-quality ecological systems and the general welfare of the people of the state, including their enjoyment of the natural resources of the state.
(d) The capacity of the environment is limited, and it is the intent of the Legislature that the government of the state take immediate steps to identify any critical thresholds for the health and safety of the people of the state and take all coordinated actions necessary to prevent such thresholds being reached.
(e) Every citizen has a responsibility to contribute to the preservation and enhancement of the environment.
(f) The interrelationship of policies and practices in the management of natural resources and waste disposal requires systematic and concerted efforts by public and private interests to enhance environmental quality and to control environmental pollution.
(g) It is the intent of the Legislature that all agencies of the state government which regulate activities of private individuals, corporations, and public agencies which are found to affect the quality of the environment, shall regulate such activities so that major consideration is given to preventing environmental damage, while providing a decent home and satisfying living environment for every Californian.
(Amended by Stats. 1979, Ch. 947.)
2023 California Code › Public Resources Code - PRC › DIVISION 13 - ENVIRONMENTAL QUALITY › CHAPTER 1 - Policy › Section 21001.

21001. The Legislature further finds and declares that it is the policy of the state to:
(a) Develop and maintain a high-quality environment now and in the future, and take all action necessary to protect, rehabilitate, and enhance the environmental quality of the state.
(b) Take all action necessary to provide the people of this state with clean air and water, enjoyment of aesthetic, natural, scenic, and historic environmental qualities, and freedom from excessive noise.
(c) Prevent the elimination of fish or wildlife species due to man’s activities, insure that fish and wildlife populations do not drop below self-prepetuating levels, and preserve for future generations representations of all plant and animal communities and examples of the major periods of California history.
(d) Ensure that the long-term protection of the environment, consistent with the provision of a decent home and suitable living environment for every Californian, shall be the guiding criterion in public decisions.
(e) Create and maintain conditions under which man and nature can exist in productive harmony to fulfill the social and economic requirements of present and future generations.
(f) Require governmental agencies at all levels to develop standards and procedures necessary to protect environmental quality.
(g) Require governmental agencies at all levels to consider qualitative factors as well as economic and technical factors and long-term benefits and costs, in addition to short-term benefits and costs and to consider alternatives to proposed actions affecting the environment.
(Amended by Stats. 1979, Ch. 947.)
2023 California Code › Public Resources Code - PRC › DIVISION 13 - ENVIRONMENTAL QUALITY › CHAPTER 1 - Policy › Section 21001.1.

21001.1. The Legislature further finds and declares that it is the policy of the state that projects to be carried out by public agencies be subject to the same level of review and consideration under this division as that of private projects required to be approved by public agencies.
(Added by Stats. 1984, Ch. 1514, Sec. 1.)
2023 California Code › Public Resources Code - PRC › DIVISION 13 - ENVIRONMENTAL QUALITY › CHAPTER 1 - Policy › Section 21002.

21002. The Legislature finds and declares that it is the policy of the state that public agencies should not approve projects as proposed if there are feasible alternatives or feasible mitigation measures available which would substantially lessen the significant environmental effects of such projects, and that the procedures required by this division are intended to assist public agencies in systematically identifying both the significant effects of proposed projects and the feasible alternatives or feasible mitigation measures which will avoid or substantially lessen such significant effects. The Legislature further finds and declares that in the event specific economic, social, or other conditions make infeasible such project alternatives or such mitigation measures, individual projects may be approved in spite of one or more significant effects thereof.
(Amended by Stats. 1980, Ch. 676, Sec. 277.)
2023 California Code › Public Resources Code - PRC › DIVISION 13 - ENVIRONMENTAL QUALITY › CHAPTER 1 - Policy › Section 21002.1.

21002.1. In order to achieve the objectives set forth in Section 21002, the Legislature hereby finds and declares that the following policy shall apply to the use of environmental impact reports prepared pursuant to this division:
(a) The purpose of an environmental impact report is to identify the significant effects on the environment of a project, to identify alternatives to the project, and to indicate the manner in which those significant effects can be mitigated or avoided.
(b) Each public agency shall mitigate or avoid the significant effects on the environment of projects that it carries out or approves whenever it is feasible to do so.
(c) If economic, social, or other conditions make it infeasible to mitigate one or more significant effects on the environment of a project, the project may nonetheless be carried out or approved at the discretion of a public agency if the project is otherwise permissible under applicable laws and regulations.
(d) In applying the policies of subdivisions (b) and (c) to individual projects, the responsibility of the lead agency shall differ from that of a responsible agency. The lead agency shall be responsible for considering the effects, both individual and collective, of all activities involved in a project. A responsible agency shall be responsible for considering only the effects of those activities involved in a project which it is required by law to carry out or approve. This subdivision applies only to decisions by a public agency to carry out or approve a project and does not otherwise affect the scope of the comments that the public agency may wish to make pursuant to Section 21104 or 21153.
(e) To provide more meaningful public disclosure, reduce the time and cost required to prepare an environmental impact report, and focus on potentially significant effects on the environment of a proposed project, lead agencies shall, in accordance with Section 21100, focus the discussion in the environmental impact report on those potential effects on the environment of a proposed project which the lead agency has determined are or may be significant. Lead agencies may limit discussion on other effects to a brief explanation as to why those effects are not potentially significant.
(Amended by Stats. 1994, Ch. 1230, Sec. 1. Effective September 30, 1994.)
2023 California Code › Public Resources Code - PRC › DIVISION 13 - ENVIRONMENTAL QUALITY › CHAPTER 1 - Policy › Section 21003.

21003. The Legislature further finds and declares that it is the policy of the state that:
(a) Local agencies integrate the requirements of this division with planning and environmental review procedures otherwise required by law or by local practice so that all those procedures, to the maximum feasible extent, run concurrently, rather than consecutively.
(b) Documents prepared pursuant to this division be organized and written in a manner that will be meaningful and useful to decisionmakers and to the public.
(c) Environmental impact reports omit unnecessary descriptions of projects and emphasize feasible mitigation measures and feasible alternatives to projects.
(d) Information developed in individual environmental impact reports be incorporated into a data base which can be used to reduce delay and duplication in preparation of subsequent environmental impact reports.
(e) Information developed in environmental impact reports and negative declarations be incorporated into a data base which may be used to make subsequent or supplemental environmental determinations.
(f) All persons and public agencies involved in the environmental review process be responsible for carrying out the process in the most efficient, expeditious manner in order to conserve the available financial, governmental, physical, and social resources with the objective that those resources may be better applied toward the mitigation of actual significant effects on the environment.
(Amended by Stats. 1993, Ch. 1130, Sec. 2. Effective January 1, 1994.)
2023 California Code › Public Resources Code - PRC › DIVISION 13 - ENVIRONMENTAL QUALITY › CHAPTER 1 - Policy › Section 21003.1.

21003.1. The Legislature further finds and declares it is the policy of the state that:
(a) Comments from the public and public agencies on the environmental effects of a project shall be made to lead agencies as soon as possible in the review of environmental documents, including, but not limited to, draft environmental impact reports and negative declarations, in order to allow the lead agencies to identify, at the earliest possible time in the environmental review process, potential significant effects of a project, alternatives, and mitigation measures which would substantially reduce the effects.
(b) Information relevant to the significant effects of a project, alternatives, and mitigation measures which substantially reduce the effects shall be made available as soon as possible by lead agencies, other public agencies, and interested persons and organizations.
(c) Nothing in subdivisions (a) or (b) reduces or otherwise limits public review or comment periods currently prescribed either by statute or in guidelines prepared and adopted pursuant to Section 21083 for environmental documents, including, but not limited to, draft environmental impact reports and negative declarations.
(Added by Stats. 1985, Ch. 85, Sec. 1.)
2023 California Code › Public Resources Code - PRC › DIVISION 13 - ENVIRONMENTAL QUALITY › CHAPTER 1 - Policy › Section 21004.

21004. In mitigating or avoiding a significant effect of a project on the environment, a public agency may exercise only those express or implied powers provided by law other than this division. However, a public agency may use discretionary powers provided by such other law for the purpose of mitigating or avoiding a significant effect on the environment subject to the express or implied constraints or limitations that may be provided by law.
(Added by Stats. 1982, Ch. 1438, Sec. 3.)
2023 California Code › Public Resources Code - PRC › DIVISION 13 - ENVIRONMENTAL QUALITY › CHAPTER 1 - Policy › Section 21005.

21005. (a) The Legislature finds and declares that it is the policy of the state that noncompliance with the information disclosure provisions of this division which precludes relevant information from being presented to the public agency, or noncompliance with substantive requirements of this division, may constitute a prejudicial abuse of discretion within the meaning of Sections 21168 and 21168.5, regardless of whether a different outcome would have resulted if the public agency had complied with those provisions.
(b) It is the intent of the Legislature that, in undertaking judicial review pursuant to Sections 21168 and 21168.5, courts shall continue to follow the established principle that there is no presumption that error is prejudicial.
(c) It is further the intent of the Legislature that any court, which finds, or, in the process of reviewing a previous court finding, finds, that a public agency has taken an action without compliance with this division, shall specifically address each of the alleged grounds for noncompliance.
(Amended by Stats. 1994, Ch. 1230, Sec. 2. Effective September 30, 1994.)
2023 California Code › Public Resources Code - PRC › DIVISION 13 - ENVIRONMENTAL QUALITY › CHAPTER 1 - Policy › Section 21006.

21006. The Legislature finds and declares that this division is an integral part of any public agency’s decisionmaking process, including, but not limited to, the issuance of permits, licenses, certificates, or other entitlements required for activities undertaken pursuant to federal statutes containing specific waivers of sovereign immunity.
(Added by Stats. 1998, Ch. 272, Sec. 2. Effective January 1, 1999.)
2023 California Code › Public Resources Code - PRC › DIVISION 13 - ENVIRONMENTAL QUALITY › CHAPTER 2.5 - Definitions › Section 21060.1.

21060.1. (a) “Agricultural land” means prime farmland, farmland of statewide importance, or unique farmland, as defined by the United States Department of Agriculture land inventory and monitoring criteria, as modified for California.
(b) In those areas of the state where lands have not been surveyed for the classifications specified in subdivision (a), “agricultural land” means land that meets the requirements of “prime agricultural land” as defined in paragraph (1), (2), (3), or (4) of subdivision (c) of Section 51201 of the Government Code.
(Added by Stats. 1993, Ch. 812, Sec. 2. Effective January 1, 1994.)
2023 California Code › Public Resources Code - PRC › DIVISION 13 - ENVIRONMENTAL QUALITY › CHAPTER 2.5 - Definitions › Section 21060.2.

21060.2. (a) “Bus rapid transit” means a public mass transit service provided by a public agency or by a public-private partnership that includes all of the following features:
(1) Full-time dedicated bus lanes or operation in a separate right-of-way dedicated for public transportation with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods.
(2) Transit signal priority.
(3) All-door boarding.
(4) Fare collection system that promotes efficiency.
(5) Defined stations.
(b) “Bus rapid transit station” means a clearly defined bus station served by a bus rapid transit.
(Added by Stats. 2019, Ch. 631, Sec. 1. (AB 1560) Effective January 1, 2020.)
2023 California Code › Public Resources Code - PRC › DIVISION 13 - ENVIRONMENTAL QUALITY › CHAPTER 2.5 - Definitions › Section 21060.3.

21060.3. “Emergency” means a sudden, unexpected occurrence, involving a clear and imminent danger, demanding immediate action to prevent or mitigate loss of, or damage to, life, health, property, or essential public services. “Emergency” includes such occurrences as fire, flood, earthquake, or other soil or geologic movements, as well as such occurrences as riot, accident, or sabotage.
(Added by Stats. 1976, Ch. 1312.)
2023 California Code › Public Resources Code - PRC › DIVISION 13 - ENVIRONMENTAL QUALITY › CHAPTER 2.5 - Definitions › Section 21060.5.

21060.5. “Environment” means the physical conditions which exist within the area which will be affected by a proposed project, including land, air, water, minerals, flora, fauna, noise, objects of historic or aesthetic significance.
(Added by Stats. 1972, Ch. 1154.)
2023 California Code › Public Resources Code - PRC › DIVISION 13 - ENVIRONMENTAL QUALITY › CHAPTER 2.5 - Definitions › Section 21061.

21061. “Environmental impact report” means a detailed statement setting forth the matters specified in Sections 21100 and 21100.1; provided that information or data which is relevant to such a statement and is a matter of public record or is generally available to the public need not be repeated in its entirety in such statement, but may be specifically cited as the source for conclusions stated therein; and provided further that such information or data shall be briefly described, that its relationship to the environmental impact report shall be indicated, and that the source thereof shall be reasonably available for inspection at a public place or public building. An environmental impact report also includes any comments which are obtained pursuant to Section 21104 or 21153, or which are required to be obtained pursuant to this division.
An environmental impact report is an informational document which, when its preparation is required by this division, shall be considered by every public agency prior to its approval or disapproval of a project. The purpose of an environmental impact report is to provide public agencies and the public in general with detailed information about the effect which a proposed project is likely to have on the environment; to list ways in which the significant effects of such a project might be minimized; and to indicate alternatives to such a project.
In order to facilitate the use of environmental impact reports, public agencies shall require that such reports contain an index or table of contents and a summary. Failure to include such index, table of contents, or summary shall not constitute a cause of action pursuant to Section 21167.
(Amended by Stats. 1976, Ch. 1312.)
2023 California Code › Public Resources Code - PRC › DIVISION 13 - ENVIRONMENTAL QUALITY › CHAPTER 2.5 - Definitions › Section 21061.2.

21061.2. “Land evaluation and site assessment” means a decisionmaking methodology for assessing the potential environmental impact of state and local projects on agricultural land.
(Added by Stats. 1993, Ch. 812, Sec. 3. Effective January 1, 1994.)
2023 California Code › Public Resources Code - PRC › DIVISION 13 - ENVIRONMENTAL QUALITY › CHAPTER 2.5 - Definitions › Section 21061.3.

21061.3. “Infill site” means a site in an urbanized area that meets either of the following criteria:
(a) The site has not been previously developed for urban uses and both of the following apply:
(1) The site is immediately adjacent to parcels that are developed with qualified urban uses, or at least 75 percent of the perimeter of the site adjoins parcels that are developed with qualified urban uses, and the remaining 25 percent of the site adjoins parcels that have previously been developed for qualified urban uses.
(2) No parcel within the site has been created within the past 10 years unless the parcel was created as a result of the plan of a redevelopment agency.
(b) The site has been previously developed for qualified urban uses.
(Amended by Stats. 2008, Ch. 728, Sec. 13. Effective January 1, 2009.)
2023 California Code › Public Resources Code - PRC › DIVISION 13 - ENVIRONMENTAL QUALITY › CHAPTER 2.5 - Definitions › Section 21062.

21062. “Local agency” means any public agency other than a state agency, board, or commission. For purposes of this division a redevelopment agency and a local agency formation commission are local agencies, and neither is a state agency, board, or commission.
(Amended by Stats. 1975, Ch. 222.)
2023 California Code › Public Resources Code - PRC › DIVISION 13 - ENVIRONMENTAL QUALITY › CHAPTER 2.5 - Definitions › Section 21064.3.

21064.3. “Major transit stop” means a site containing any of the following:
(a) An existing rail or bus rapid transit station.
(b) A ferry terminal served by either a bus or rail transit service.
(c) The intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods.
(Amended by Stats. 2019, Ch. 631, Sec. 2. (AB 1560) Effective January 1, 2020.)
2023 California Code › Public Resources Code - PRC › DIVISION 13 - ENVIRONMENTAL QUALITY › CHAPTER 2.5 - Definitions › Section 21064.5.

21064.5. “Mitigated negative declaration” means a negative declaration prepared for a project when the initial study has identified potentially significant effects on the environment, but (1) 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 (2) there is no substantial evidence in light of the whole record before the public agency that the project, as revised, may have a significant effect on the environment.
(Amended by Stats. 1994, Ch. 1230, Sec. 3. Effective September 30, 1994.)
2023 California Code › Public Resources Code - PRC › DIVISION 13 - ENVIRONMENTAL QUALITY › CHAPTER 2.5 - Definitions › Section 21065.

21065. “Project” means an activity which may cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and which is any of the following:
(a) An activity directly undertaken by any public agency.
(b) An activity undertaken by a person which is supported, in whole or in part, through contracts, grants, subsidies, loans, or other forms of assistance from one or more public agencies.
(c) An activity that involves the issuance to a person of a lease, permit, license, certificate, or other entitlement for use by one or more public agencies.
(Amended by Stats. 1994, Ch. 1230, Sec. 4. Effective September 30, 1994.)
2023 California Code › Public Resources Code - PRC › DIVISION 13 - ENVIRONMENTAL QUALITY › CHAPTER 2.5 - Definitions › Section 21065.3.

21065.3. “Project-specific effect” means all the direct or indirect environmental effects of a project other than cumulative effects and growth-inducing effects.
(Added by Stats. 2002, Ch. 1039, Sec. 4. Effective January 1, 2003.)
2023 California Code › Public Resources Code - PRC › DIVISION 13 - ENVIRONMENTAL QUALITY › CHAPTER 2.5 - Definitions › Section 21065.5.

21065.5. “Geothermal exploratory project” means a project as defined in Section 21065 composed of not more than six wells and associated drilling and testing equipment, whose chief and original purpose is to evaluate the presence and characteristics of geothermal resources prior to commencement of a geothermal field development project as defined in Section 65928.5 of the Government Code. Wells included within a geothermal exploratory project must be located at least one-half mile from geothermal development wells which are capable of producing geothermal resources in commercial quantities.
(Added by Stats. 1978, Ch. 1271.)
2023 California Code › Public Resources Code - PRC › DIVISION 13 - ENVIRONMENTAL QUALITY › CHAPTER 2.5 - Definitions › Section 21066.

21066. “Person” includes any person, firm, association, organization, partnership, business, trust, corporation, limited liability company, company, district, county, city and county, city, town, the state, and any of the agencies and political subdivisions of those entities, and, to the extent permitted by federal law, the United States, or any of its agencies or political subdivisions.
(Amended by Stats. 1998, Ch. 272, Sec. 3. Effective January 1, 1999.)
2023 California Code › Public Resources Code - PRC › DIVISION 13 - ENVIRONMENTAL QUALITY › CHAPTER 2.5 - Definitions › Section 21068.5.

21068.5. “Tiering” or “tier” means the coverage of general matters and environmental effects in an environmental impact report prepared for a policy, plan, program or ordinance followed by narrower or site-specific environmental impact reports which incorporate by reference the discussion in any prior environmental impact report and which concentrate on the environmental effects which (a) are capable of being mitigated, or (b) were not analyzed as significant effects on the environment in the prior environmental impact report.
(Added by Stats. 1983, Ch. 967, Sec. 1.)
2023 California Code › Public Resources Code - PRC › DIVISION 13 - ENVIRONMENTAL QUALITY › CHAPTER 2.5 - Definitions › Section 21070.

21070. “Trustee agency” means a state agency that has jurisdiction by law over natural resources affected by a project, that are held in trust for the people of the State of California.
(Added by Stats. 2004, Ch. 744, Sec. 1. Effective January 1, 2005.)
2023 California Code › Public Resources Code - PRC › DIVISION 13 - ENVIRONMENTAL QUALITY › CHAPTER 2.5 - Definitions › Section 21071.

21071. “Urbanized area” means either of the following:
(a) An incorporated city that meets either of the following criteria:
(1) Has a population of at least 100,000 persons.
(2) Has a population of less than 100,000 persons if the population of that city and not more than two contiguous incorporated cities combined equals at least 100,000 persons.
(b) An unincorporated area that satisfies the criteria in both paragraph (1) and (2) of the following criteria:
(1) Is either of the following:
(A) Completely surrounded by one or more incorporated cities, and both of the following criteria are met:
(i) The population of the unincorporated area and the population of the surrounding incorporated city or cities equals not less than 100,000 persons.
(ii) The population density of the unincorporated area at least equals the population density of the surrounding city or cities.
(B) Located within an urban growth boundary and has an existing residential population of at least 5,000 persons per square mile. For purposes of this subparagraph, an “urban growth boundary” means a provision of a locally adopted general plan that allows urban uses on one side of the boundary and prohibits urban uses on the other side.
(2) The board of supervisors with jurisdiction over the unincorporated area has previously taken both of the following actions:
(A) Issued a finding that the general plan, zoning ordinance, and related policies and programs applicable to the unincorporated area are consistent with principles that encourage compact development in a manner that does both of the following:
(i) Promotes efficient transportation systems, economic growth, affordable housing, energy efficiency, and an appropriate balance of jobs and housing.
(ii) Protects the environment, open space, and agricultural areas.
(B) Submitted a draft finding to the Office of Planning and Research at least 30 days prior to issuing a final finding, and allowed the office 30 days to submit comments on the draft findings to the board of supervisors.
(Added by Stats. 2002, Ch. 1039, Sec. 5. Effective January 1, 2003.)
2023 California Code › Public Resources Code - PRC › DIVISION 13 - ENVIRONMENTAL QUALITY › CHAPTER 2.5 - Definitions › Section 21072.

21072. “Qualified urban use” means any residential, commercial, public institutional, transit or transportation passenger facility, or retail use, or any combination of those uses.
(Added by Stats. 2002, Ch. 1039, Sec. 6. Effective January 1, 2003.)
2023 California Code › Public Resources Code - PRC › DIVISION 13 - ENVIRONMENTAL QUALITY › CHAPTER 2.5 - Definitions › Section 21073.

21073. “California Native American tribe” means a Native American tribe located in California that is on the contact list maintained by the Native American Heritage Commission for the purposes of Chapter 905 of the Statutes of 2004.
(Added by Stats. 2014, Ch. 532, Sec. 3. (AB 52) Effective January 1, 2015.)
2023 California Code › Public Resources Code - PRC › DIVISION 13 - ENVIRONMENTAL QUALITY › CHAPTER 2.5 - Definitions › Section 21074.

21074. (a) “Tribal cultural resources” are either of the following:
(1) Sites, features, places, cultural landscapes, sacred places, and objects with cultural value to a California Native American tribe that are either of the following:
(A) Included or determined to be eligible for inclusion in the California Register of Historical Resources.
(B) Included in a local register of historical resources as defined in subdivision (k) of Section 5020.1.
(2) A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Section 5024.1. In applying the criteria set forth in subdivision (c) of Section 5024.1 for the purposes of this paragraph, the lead agency shall consider the significance of the resource to a California Native American tribe.
(b) A cultural landscape that meets the criteria of subdivision (a) is a tribal cultural resource to the extent that the landscape is geographically defined in terms of the size and scope of the landscape.
(c) A historical resource described in Section 21084.1, a unique archaeological resource as defined in subdivision (g) of Section 21083.2, or a “nonunique archaeological resource” as defined in subdivision (h) of Section 21083.2 may also be a tribal cultural resource if it conforms with the criteria of subdivision (a).
(Added by Stats. 2014, Ch. 532, Sec. 4. (AB 52) Effective January 1, 2015.)
2023 California Code › Public Resources Code - PRC › DIVISION 13 - ENVIRONMENTAL QUALITY › CHAPTER 2.6 - General › Section 21080.01.

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.
(Added by Stats. 1983, Ch. 958, Sec. 6.5. Effective September 20, 1983.)
2023 California Code › Public Resources Code - PRC › DIVISION 13 - ENVIRONMENTAL QUALITY › CHAPTER 2.6 - General › Section 21080.02.

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.
(Added by Stats. 1985, Ch. 931, Sec. 3. Effective September 25, 1985.)
2023 California Code › Public Resources Code - PRC › DIVISION 13 - ENVIRONMENTAL QUALITY › CHAPTER 2.6 - General › Section 21080.03.

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.
(Added by Stats. 1985, Ch. 931, Sec. 4. Effective September 25, 1985.)
2023 California Code › Public Resources Code - PRC › DIVISION 13 - ENVIRONMENTAL QUALITY › CHAPTER 2.6 - General › Section 21080.04.

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.
(Amended by Stats. 1995, Ch. 91, Sec. 142. Effective January 1, 1996.)
2023 California Code › Public Resources Code - PRC › DIVISION 13 - ENVIRONMENTAL QUALITY › CHAPTER 2.6 - General › Section 21080.05.

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.
(Added by Stats. 1989, Ch. 1283, Sec. 2.)
2023 California Code › Public Resources Code - PRC › DIVISION 13 - ENVIRONMENTAL QUALITY › CHAPTER 2.6 - General › Section 21080.07.

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.
(Added by Stats. 1985, Ch. 933, Sec. 2.6. Effective September 25, 1985.)
2023 California Code › Public Resources Code - PRC › DIVISION 13 - ENVIRONMENTAL QUALITY › CHAPTER 2.6 - General › Section 21080.09.

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.
(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 campus population 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. Enrollment or changes in enrollment, by themselves, do not constitute a project as defined in Section 21065.
(e) (1) If a court determines that increases in campus population exceed the projections adopted in the most recent long-range development plan and analyzed in the supporting environmental impact report, and those increases result in significant environmental impacts, the court may order the campus or medical center to prepare a new, supplemental, or subsequent environmental impact report. Only if a new, supplemental, or subsequent environmental impact report has not been certified within 18 months of that order, the court may, pursuant to Sections 525 and 526 of the Code of Civil Procedure, enjoin increases in campus population that exceed the projections adopted in the most recent long-range development plan and analyzed in the supporting environmental impact report.
(2) Notwithstanding any other provision of this division, any injunction or judgment in effect as of the effective date of this subdivision suspending or otherwise affecting enrollment shall be unenforceable.
(3) The amendments made to this section by Senate Bill 118 of the 2021–22 Regular Session shall apply retroactively to any decision related to enrollment or changes in enrollment made before the effective date of that bill.
(Amended by Stats. 2022, Ch. 10, Sec. 1. (SB 118) Effective March 14, 2022.)
2023 California Code › Public Resources Code - PRC › DIVISION 13 - ENVIRONMENTAL QUALITY › CHAPTER 2.6 - General › Section 21080.1.

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.
(Amended by Stats. 1994, Ch. 1230, Sec. 6. Effective September 30, 1994.)
2023 California Code › Public Resources Code - PRC › DIVISION 13 - ENVIRONMENTAL QUALITY › CHAPTER 2.6 - General › Section 21080.2.

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.
(Amended by Stats. 1984, Ch. 586, Sec. 1.)
2023 California Code › Public Resources Code - PRC › DIVISION 13 - ENVIRONMENTAL QUALITY › CHAPTER 2.6 - General › Section 21080.3.

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.
(Amended by Stats. 2004, Ch. 744, Sec. 2. Effective January 1, 2005.)
2023 California Code › Public Resources Code - PRC › DIVISION 13 - ENVIRONMENTAL QUALITY › CHAPTER 2.6 - General › Section 21080.3.1.

21080.3.1. (a) The Legislature finds and declares that California Native American tribes traditionally and culturally affiliated with a geographic area may have expertise concerning their tribal cultural resources.
(b) Prior to the release of a negative declaration, mitigated negative declaration, or environmental impact report for a project, the lead agency shall begin consultation with a California Native American tribe that is traditionally and culturally affiliated with the geographic area of the proposed project if: (1) the California Native American tribe requested to the lead agency, in writing, to be informed by the lead agency through formal notification of proposed projects in the geographic area that is traditionally and culturally affiliated with the tribe, and (2) the California Native American tribe responds, in writing, within 30 days of receipt of the formal notification, and requests the consultation. When responding to the lead agency, the California Native American tribe shall designate a lead contact person. If the California Native American tribe does not designate a lead contact person, or designates multiple lead contact people, the lead agency shall defer to the individual listed on the contact list maintained by the Native American Heritage Commission for the purposes of Chapter 905 of the Statutes of 2004. For purposes of this section and Section 21080.3.2, “consultation” shall have the same meaning as provided in Section 65352.4 of the Government Code.
(c) To expedite the requirements of this section, the Native American Heritage Commission shall assist the lead agency in identifying the California Native American tribes that are traditionally and culturally affiliated with the project area.
(d) Within 14 days of determining that an application for a project is complete or a decision by a public agency to undertake a project, the lead agency shall provide formal notification to the designated contact of, or a tribal representative of, traditionally and culturally affiliated California Native American tribes that have requested notice, which shall be accomplished by means of at least one written notification that includes a brief description of the proposed project and its location, the lead agency contact information, and a notification that the California Native American tribe has 30 days to request consultation pursuant to this section.
(e) The lead agency shall begin the consultation process within 30 days of receiving a California Native American tribe’s request for consultation.
(Added by Stats. 2014, Ch. 532, Sec. 5. (AB 52) Effective January 1, 2015.)