reglab/statecodes huggingface dataset:
2023 California Code › Public Resources Code - PRC › DIVISION 13 - ENVIRONMENTAL QUALITY › CHAPTER 2.6 - General › Section 21083.09.

21083.09. On or before July 1, 2016, the Office of Planning and Research shall prepare and develop, and the Secretary of the Natural Resources Agency shall certify and adopt, revisions to the guidelines that update Appendix G of Chapter 3 (commencing with Section 15000) of Division 6 of Title 4 of the California Code of Regulations to do both of the following:
(a) Separate the consideration of paleontological resources from tribal cultural resources and update the relevant sample questions.
(b) Add consideration of tribal cultural resources with relevant sample questions.
(Added by Stats. 2014, Ch. 532, Sec. 8. (AB 52) Effective January 1, 2015.)
2023 California Code › Public Resources Code - PRC › DIVISION 13 - ENVIRONMENTAL QUALITY › CHAPTER 2.6 - General › Section 21083.1.

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.
(Added by Stats. 1993, Ch. 1070, Sec. 2. Effective January 1, 1994.)
2023 California Code › Public Resources Code - PRC › DIVISION 13 - ENVIRONMENTAL QUALITY › CHAPTER 2.6 - General › Section 21083.5.

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.
(Amended by Stats. 1988, Ch. 493, Sec. 1.)
2023 California Code › Public Resources Code - PRC › DIVISION 13 - ENVIRONMENTAL QUALITY › CHAPTER 2.6 - General › Section 21083.6.

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.
(Added by Stats. 1977, Ch. 1200.)
2023 California Code › Public Resources Code - PRC › DIVISION 13 - ENVIRONMENTAL QUALITY › CHAPTER 2.6 - General › Section 21083.7.

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.
(Amended by Stats. 2000, Ch. 387, Sec. 1. Effective September 11, 2000.)
2023 California Code › Public Resources Code - PRC › DIVISION 13 - ENVIRONMENTAL QUALITY › CHAPTER 2.6 - General › Section 21083.9.

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) A 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) A responsible agency.
(3) A public agency that has jurisdiction by law with respect to the project.
(4) A transportation planning agency or public agency required to be consulted pursuant to Section 21092.4.
(5) A public agency, organization, or individual who has filed a written request for the notice.
(c) For a public agency, 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 federal National Environmental Policy Act of 1969 (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).
(e) The referral of a proposed action to adopt or substantially amend a general plan to a city or county pursuant to paragraph (1) of subdivision (a) of Section 65352 of the Government Code may be conducted concurrently with the scoping meeting required pursuant to this section, and the city or county may submit its comments as provided pursuant to subdivision (b) of that section at the scoping meeting.
(Amended by Stats. 2012, Ch. 218, Sec. 1. (SB 972) Effective January 1, 2013.)
2023 California Code › Public Resources Code - PRC › DIVISION 13 - ENVIRONMENTAL QUALITY › CHAPTER 2.6 - General › Section 21084.

21084. (a) The guidelines prepared and adopted pursuant to Section 21083 shall include a list of classes of projects that have been determined not to have a significant effect on the environment and that shall be exempt from this division. In adopting the guidelines, the Secretary of the Natural 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) A project’s greenhouse gas emissions shall not, in and of themselves, be deemed to cause an exemption adopted pursuant to subdivision (a) to be inapplicable if the project complies with all applicable regulations or requirements adopted to implement statewide, regional, or local plans consistent with Section 15183.5 of Title 14 of the California Code of Regulations.
(c) A project that 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 not 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.
(d) A project located on a site that is included on any list compiled pursuant to Section 65962.5 of the Government Code shall not be exempted from this division pursuant to subdivision (a).
(e) A project that may cause a substantial adverse change in the significance of a historical resource, as specified in Section 21084.1, shall not be exempted from this division pursuant to subdivision (a).
(Amended by Stats. 2013, Ch. 76, Sec. 175. (AB 383) Effective January 1, 2014.)
2023 California Code › Public Resources Code - PRC › DIVISION 13 - ENVIRONMENTAL QUALITY › CHAPTER 2.6 - General › Section 21084.1.

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.
(Added by Stats. 1992, Ch. 1075, Sec. 8. Effective January 1, 1993.)
2023 California Code › Public Resources Code - PRC › DIVISION 13 - ENVIRONMENTAL QUALITY › CHAPTER 2.6 - General › Section 21084.2.

21084.2. A project with an effect that may cause a substantial adverse change in the significance of a tribal cultural resource is a project that may have a significant effect on the environment.
(Added by Stats. 2014, Ch. 532, Sec. 9. (AB 52) Effective January 1, 2015.)
2023 California Code › Public Resources Code - PRC › DIVISION 13 - ENVIRONMENTAL QUALITY › CHAPTER 2.6 - General › Section 21084.3.

21084.3. (a) Public agencies shall, when feasible, avoid damaging effects to any tribal cultural resource.
(b) If the lead agency determines that a project may cause a substantial adverse change to a tribal cultural resource, and measures are not otherwise identified in the consultation process provided in Section 21080.3.2, the following are examples of mitigation measures that, if feasible, may be considered to avoid or minimize the significant adverse impacts:
(1) Avoidance and preservation of the resources in place, including, but not limited to, planning and construction to avoid the resources and protect the cultural and natural context, or planning greenspace, parks, or other open space, to incorporate the resources with culturally appropriate protection and management criteria.
(2) Treating the resource with culturally appropriate dignity taking into account the tribal cultural values and meaning of the resource, including, but not limited to, the following:
(A) Protecting the cultural character and integrity of the resource.
(B) Protecting the traditional use of the resource.
(C) Protecting the confidentiality of the resource.
(3) Permanent conservation easements or other interests in real property, with culturally appropriate management criteria for the purposes of preserving or utilizing the resources or places.
(4) Protecting the resource.
(Added by Stats. 2014, Ch. 532, Sec. 10. (AB 52) Effective January 1, 2015.)
2023 California Code › Public Resources Code - PRC › DIVISION 13 - ENVIRONMENTAL QUALITY › CHAPTER 2.6 - General › Section 21085.

21085. For purposes of this division, for residential projects, the effects of noise generated by project occupants and their guests on human beings is not a significant effect on the environment.
(Added by Stats. 2023, Ch. 160, Sec. 1. (AB 1307) Effective September 7, 2023.)
2023 California Code › Public Resources Code - PRC › DIVISION 13 - ENVIRONMENTAL QUALITY › CHAPTER 2.6 - General › Section 21085.2.

21085.2. (a) For purposes of this section, the following definitions apply:
(1) “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.
(2) “Public higher education” means the institutions described in subdivision (a) of Section 66010 of the Education Code.
(3) “Residential or mixed-use housing project” means a project consisting of residential uses only or a mix of residential and nonresidential uses, with at least two-thirds of the square footage of the development designated for residential uses.
(4) “Substantially surrounded” means at least 75 percent of the perimeter of the project site adjoins, or is separated only by an improved public right-of-way from, parcels that are developed with qualified urban uses.
(b) Notwithstanding any other law or regulation, institutions of public higher education shall not be required, in an environmental impact report prepared for a residential or mixed-use housing project, to consider alternatives to the location of the residential or mixed-use housing project if both of the following requirements are met:
(1) The residential or mixed-use housing project is located on a site that is no more than five acres and is substantially surrounded by qualified urban uses.
(2) The residential or mixed-use housing project has already been evaluated in the environmental impact report for the most recent long-range development plan for the applicable campus.
(Added by Stats. 2023, Ch. 160, Sec. 2. (AB 1307) Effective September 7, 2023.)
2023 California Code › Public Resources Code - PRC › DIVISION 13 - ENVIRONMENTAL QUALITY › CHAPTER 2.6 - General › Section 21086.

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.
(Amended by Stats. 2004, Ch. 689, Sec. 2. Effective January 1, 2005.)
2023 California Code › Public Resources Code - PRC › DIVISION 13 - ENVIRONMENTAL QUALITY › CHAPTER 2.6 - General › Section 21088.

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.
(Added by Stats. 1972, Ch. 1154.)
2023 California Code › Public Resources Code - PRC › DIVISION 13 - ENVIRONMENTAL QUALITY › CHAPTER 2.6 - General › Section 21089.

21089. (a) A lead agency may charge and collect a reasonable fee from a 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 a 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.
(c) (1) A public agency may charge and collect a reasonable fee from members of the public for a copy of an environmental document not to exceed the cost of reproducing the environmental document. A public agency may provide the environmental document in an electronic format as provided pursuant to Sections 7922.570 to 7922.580, inclusive, of the Government Code.
(2) For purposes of this subdivision, “environmental document” means an initial study, negative declaration, mitigated negative declaration, draft and final environmental impact report, a document prepared as a substitute for an environmental impact report, negative declaration, or mitigated negative declaration under a program certified pursuant to Section 21080.5, and a document prepared under the federal National Environmental Policy Act of 1969 (42 U.S.C. Sec. 4321 et seq.) and used by a state or local agency in the place of the initial study, negative declaration, mitigated negative declaration, or an environmental impact report.
(Amended by Stats. 2021, Ch. 615, Sec. 379. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
2023 California Code › Public Resources Code - PRC › DIVISION 13 - ENVIRONMENTAL QUALITY › CHAPTER 2.6 - General › Section 21090.

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.
(Amended by Stats. 2002, Ch. 625, Sec. 3. Effective September 17, 2002.)
2023 California Code › Public Resources Code - PRC › DIVISION 13 - ENVIRONMENTAL QUALITY › CHAPTER 2.6 - General › Section 21090.1.

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.
(Added by Stats. 1978, Ch. 1271.)
2023 California Code › Public Resources Code - PRC › DIVISION 13 - ENVIRONMENTAL QUALITY › CHAPTER 2.6 - General › Section 21091.5.

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.
(Added by Stats. 2001, Ch. 534, Sec. 2. Effective January 1, 2002.)
2023 California Code › Public Resources Code - PRC › DIVISION 13 - ENVIRONMENTAL QUALITY › CHAPTER 2.6 - General › Section 21092.1.

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.
(Added by Stats. 1984, Ch. 1514, Sec. 7.)
2023 California Code › Public Resources Code - PRC › DIVISION 13 - ENVIRONMENTAL QUALITY › CHAPTER 2.6 - General › Section 21092.2.

21092.2. (a) The notices required pursuant to Sections 21080.4, 21083.9, 21092, 21108, 21152, and 21161 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 email, upon filing a written request for notices, a person may request that the notices be provided to that person by email. 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.
(b) Subdivision (a) shall 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, if there has been substantial compliance with the requirements of this section.
(c) The notices required pursuant to Sections 21080.4 and 21161 shall be provided by the State Clearinghouse to any legislator in whose district the project has an environmental impact, if the legislator requests the notice and the State Clearinghouse has received it.
(d) The lead agency shall post the notices specified in subdivision (a) on its internet website, if any.
(Amended by Stats. 2021, Ch. 97, Sec. 5. (AB 819) Effective January 1, 2022.)
2023 California Code › Public Resources Code - PRC › DIVISION 13 - ENVIRONMENTAL QUALITY › CHAPTER 2.6 - General › Section 21092.3.

21092.3. The notices required pursuant to Sections 21080.4 and 21092 for an environmental impact report shall be posted in the office and on the internet website 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.
(Amended by Stats. 2021, Ch. 97, Sec. 6. (AB 819) Effective January 1, 2022.)
2023 California Code › Public Resources Code - PRC › DIVISION 13 - ENVIRONMENTAL QUALITY › CHAPTER 2.6 - General › Section 21092.4.

21092.4. (a) For a project of statewide, regional, or areawide significance, the lead agency shall consult with transportation planning agencies and public agencies that have transportation facilities within their jurisdictions that 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, overpasses, on-ramps, off-ramps, and rail transit service within the jurisdiction of a transportation planning agency or a public agency that is consulted by the lead agency. A transportation planning agency or public agency that 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, overpasses, on-ramps, off-ramps, and rail transit service within 10 miles of the project site.
(Amended by Stats. 2008, Ch. 707, Sec. 2. Effective January 1, 2009.)
2023 California Code › Public Resources Code - PRC › DIVISION 13 - ENVIRONMENTAL QUALITY › CHAPTER 2.6 - General › Section 21092.5.

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.
(Added by Stats. 1991, Ch. 905, Sec. 2.)
2023 California Code › Public Resources Code - PRC › DIVISION 13 - ENVIRONMENTAL QUALITY › CHAPTER 2.6 - General › Section 21092.6.

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.
(Amended by Stats. 2012, Ch. 548, Sec. 8. (AB 2669) Effective January 1, 2013.)
2023 California Code › Public Resources Code - PRC › DIVISION 13 - ENVIRONMENTAL QUALITY › CHAPTER 2.6 - General › Section 21093.

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.
(Amended by Stats. 1985, Ch. 418, Sec. 1.)
2023 California Code › Public Resources Code - PRC › DIVISION 13 - ENVIRONMENTAL QUALITY › CHAPTER 2.6 - General › Section 21094.

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 is not required to examine those effects that the lead agency determines were either of the following:
(1) Mitigated or avoided pursuant to paragraph (1) of subdivision (a) of Section 21081 as a result of the prior environmental impact report.
(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 that the lead agency determines is all of the following:
(1) Consistent with the program, plan, policy, or ordinance for which an environmental impact report has been prepared and certified.
(2) 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.
(3) 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 that 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.
(f) This section shall become operative on January 1, 2016.
(Repealed (in Sec. 3.5) and added by Stats. 2010, Ch. 496, Sec. 4. (SB 1456) Effective September 29, 2010. Section operative January 1, 2016, by its own provisions.)
2023 California Code › Public Resources Code - PRC › DIVISION 13 - ENVIRONMENTAL QUALITY › CHAPTER 2.6 - General › Section 21094.5.5.

21094.5.5. (a) On or before July 1, 2012, the Office of Planning and Research shall prepare, develop, and transmit to the Natural Resources Agency for certification and adoption guidelines for the implementation of Section 21094.5 and the Secretary of the Natural Resources Agency, on or before January 1, 2013, shall certify and adopt the guidelines.
(b) The guidelines prepared pursuant to this section shall include statewide standards for infill projects that may be amended from time to time and promote all of the following:
(1) The implementation of the land use and transportation policies in the Sustainable Communities and Climate Protection Act of 2008 (Chapter 728 of the Statutes of 2008).
(2) The state planning priorities specified in Section 65041.1 of the Government Code and in the most recently adopted Environmental Goals and Policy Report issued by the Office of Planning and Research supporting infill development.
(3) The reduction of greenhouse gas emissions under the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of the Health and Safety Code).
(4) The reduction in per capita water use pursuant to Section 10608.16 of the Water Code.
(5) The creation of a transit village development district consistent with Section 65460.1 of the Government Code.
(6) Substantial energy efficiency improvements, including improvements to projects related to transportation energy.
(7) Protection of public health, including the health of vulnerable populations from air or water pollution, or soil contamination.
(c) The standards for projects on infill sites shall be updated as frequently as necessary to ensure the protection of the environment.
(Added by Stats. 2011, Ch. 469, Sec. 7. (SB 226) Effective January 1, 2012.)
2023 California Code › Public Resources Code - PRC › DIVISION 13 - ENVIRONMENTAL QUALITY › CHAPTER 2.6 - General › Section 21095.

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.
(Added by Stats. 1993, Ch. 812, Sec. 4. Effective January 1, 1994.)
2023 California Code › Public Resources Code - PRC › DIVISION 13 - ENVIRONMENTAL QUALITY › CHAPTER 2.6 - General › Section 21096.

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.
(Amended by Stats. 2002, Ch. 438, Sec. 8.5. Effective January 1, 2003.)
2023 California Code › Public Resources Code - PRC › DIVISION 13 - ENVIRONMENTAL QUALITY › CHAPTER 2.6 - General › Section 21097.

21097. This division does not apply to the San Quentin Rehabilitation Center, San Quentin: Demolition of Building 38 and Construction of New Educational and Vocational Center project and the San Quentin Rehabilitation Center, San Quentin: Improvement Projects located on the grounds of the San Quentin Rehabilitation Center.
(Added by Stats. 2023, Ch. 47, Sec. 27. (AB 134) Effective July 10, 2023.)
2023 California Code › Public Resources Code - PRC › DIVISION 13 - ENVIRONMENTAL QUALITY › CHAPTER 3 - State Agencies, Boards and Commissions › Section 21100.

21100. (a) All lead agencies shall prepare, or cause to be prepared by contract, and certify the completion of, an environmental impact report on any project which they propose to carry out or approve that may have a significant effect on the environment. Whenever feasible, a standard format shall be used for environmental impact reports.
(b) The environmental impact report shall include a detailed statement setting forth all of the following:
(1) All significant effects on the environment of the proposed project.
(2) In a separate section:
(A) Any significant effect on the environment that cannot be avoided if the project is implemented.
(B) Any significant effect on the environment that would be irreversible if the project is implemented.
(3) Mitigation measures proposed to minimize significant effects on the environment, including, but not limited to, measures to reduce the wasteful, inefficient, and unnecessary consumption of energy.
(4) Alternatives to the proposed project.
(5) The growth-inducing impact of the proposed project.
(c) The report shall also contain a statement briefly indicating the reasons for determining that various effects on the environment of a project are not significant and consequently have not been discussed in detail in the environmental impact report.
(d) For purposes of this section, any significant effect on the environment shall be limited to substantial, or potentially substantial, adverse changes in physical conditions which exist within the area as defined in Section 21060.5.
(e) Previously approved land use documents, including, but not limited to, general plans, specific plans, and local coastal plans, may be used in cumulative impact analysis.
(Amended by Stats. 1994, Ch. 1230, Sec. 9. Effective September 30, 1994.)
2023 California Code › Public Resources Code - PRC › DIVISION 13 - ENVIRONMENTAL QUALITY › CHAPTER 3 - State Agencies, Boards and Commissions › Section 21100.1.

21100.1. The information described in subparagraph (B) of paragraph (2) of subdivision (b) of Section 21100 shall be required only in environmental impact reports prepared in connection with the following:
(a) The adoption, amendment, or enactment of a plan, policy, or ordinance of a public agency.
(b) The adoption by a local agency formation commission of a resolution making determinations.
(c) A project which will be subject to the requirement for preparing an environmental impact statement pursuant to the requirements of the National Environmental Policy Act of 1969.
(Amended by Stats. 1994, Ch. 1230, Sec. 10. Effective September 30, 1994.)
2023 California Code › Public Resources Code - PRC › DIVISION 13 - ENVIRONMENTAL QUALITY › CHAPTER 3 - State Agencies, Boards and Commissions › Section 21100.2.

21100.2. (a) (1) For projects described in subdivision (c) of Section 21065, each state agency shall establish, by resolution or order, time limits that do not exceed the following:
(A) One year for completing and certifying environmental impact reports.
(B) One hundred eighty days for completing and adopting negative declarations.
(2) The time limits specified in paragraph (1) shall apply only to those circumstances in which the state agency is the lead agency for a project. These resolutions or orders may establish different time limits for different types or classes of projects, but all limits shall be measured from the date on which an application requesting approval of the project is received and accepted as complete by the state agency.
(3) No application for a project may be deemed incomplete for lack of a waiver of time periods prescribed in state regulations.
(4) The resolutions or orders required by this section may provide for a reasonable extension of the time period in the event that compelling circumstances justify additional time and the project applicant consents thereto.
(b) If a draft environmental impact report, environmental impact report, or focused environmental impact report is prepared under a contract to a state agency, the contract shall be executed within 45 days from the date on which the state agency sends a notice of preparation pursuant to Section 21080.4. The state agency may take longer to execute the contract if the project applicant and the state agency mutually agree to an extension of the time limit provided by this subdivision.
(c) This section shall become operative January 1, 2018.
(Repealed (in Sec. 4) and added by Stats. 2012, Ch. 487, Sec. 5. (AB 2564) Effective September 23, 2012. Section operative January 1, 2018, by its own provisions.)
2023 California Code › Public Resources Code - PRC › DIVISION 13 - ENVIRONMENTAL QUALITY › CHAPTER 3 - State Agencies, Boards and Commissions › Section 21101.

21101. In regard to any proposed federal project in this state which may have a significant effect on the environment and on which the state officially comments, the state officials responsible for such comments shall include in their report a detailed statement setting forth the matters specified in Section 21100 prior to transmitting the comments of the state to the federal government. No report shall be transmitted to the federal government unless it includes such a detailed statement as to the matters specified in Section 21100.
(Added by Stats. 1970, Ch. 1433.)
2023 California Code › Public Resources Code - PRC › DIVISION 13 - ENVIRONMENTAL QUALITY › CHAPTER 3 - State Agencies, Boards and Commissions › Section 21102.

21102. No state agency, board, or commission shall request funds, nor shall any state agency, board, or commission which authorizes expenditures of funds, other than funds appropriated in the Budget Act, authorize funds for expenditure for any project, other than a project involving only feasibility or planning studies for possible future actions which the agency, board, or commission has not approved, adopted or funded, which may have a significant effect on the environment unless such request or authorization is accompanied by an environmental impact report.
Feasibility and planning studies exempted by this section from the preparation of an environmental impact report shall nevertheless include consideration of environmental factors.
(Amended by Stats. 1972, Ch. 1154.)
2023 California Code › Public Resources Code - PRC › DIVISION 13 - ENVIRONMENTAL QUALITY › CHAPTER 3 - State Agencies, Boards and Commissions › Section 21104.

21104. (a) Prior to completing an environmental impact report, the state lead agency shall consult with, and obtain comments from, each responsible agency, trustee agency, any public agency that has jurisdiction by law with respect to the project, and any city or county that borders on a city or county within which the project is located unless otherwise designated annually by agreement between the state lead agency and the city or county, and may consult with any person who has special expertise with respect to any environmental impact involved. In the case of a project described in subdivision (c) of Section 21065, the state lead agency shall, upon the request of the applicant, provide for early consultation to identify the range of actions, alternatives, mitigation measures, and significant effects to be analyzed in depth in the environmental impact report. The state lead agency may consult with persons identified by the applicant who the applicant believes will be concerned with the environmental effects of the project and may consult with members of the public who have made a written request to be consulted on the project. A request by the applicant for early consultation shall be made not later than 30 days after the determination required by Section 21080.1 with respect to the project.
(b) The state lead agency shall consult with, and obtain comments from, the State Air Resources Board in preparing an environmental impact report on a highway or freeway project, as to the air pollution impact of the potential vehicular use of the highway or freeway.
(c) A responsible agency or other public agency shall only make substantive comments regarding those activities involved in a project that are within an area of expertise of the agency or that are required to be carried out or approved by the agency. Those comments shall be supported by specific documentation.
(Amended by Stats. 2004, Ch. 744, Sec. 3. Effective January 1, 2005.)
2023 California Code › Public Resources Code - PRC › DIVISION 13 - ENVIRONMENTAL QUALITY › CHAPTER 3 - State Agencies, Boards and Commissions › Section 21104.2.

21104.2. The state lead agency shall consult with, and obtain written findings from, the Department of Fish and Game in preparing an environmental impact report on a project, as to the impact of the project on the continued existence of any endangered species or threatened species pursuant to Article 4 (commencing with Section 2090) of Chapter 1.5 of Division 3 of the Fish and Game Code.
(Added by Stats. 1984, Ch. 1240, Sec. 3.)
2023 California Code › Public Resources Code - PRC › DIVISION 13 - ENVIRONMENTAL QUALITY › CHAPTER 3 - State Agencies, Boards and Commissions › Section 21105.

21105. The state lead agency shall include the environmental impact report as a part of the regular project report used in the existing review and budgetary process. It shall be available to the Legislature. It shall also be available for inspection by any member of the general public, who may secure a copy thereof by paying for the actual cost of such a copy. It shall be filed by the state lead agency with the appropriate local planning agency of any city, county, or city and county which will be affected by the project.
(Amended by Stats. 1977, Ch. 1200.)