reglab/statecodes huggingface dataset:
2023 California Code › Public Resources Code - PRC › DIVISION 13 - ENVIRONMENTAL QUALITY › CHAPTER 2.6 - General › Section 21080.3.2.

21080.3.2. (a) As a part of the consultation pursuant to Section 21080.3.1, the parties may propose mitigation measures, including, but not limited to, those recommended in Section 21084.3, capable of avoiding or substantially lessening potential significant impacts to a tribal cultural resource or alternatives that would avoid significant impacts to a tribal cultural resource. If the California Native American tribe requests consultation regarding alternatives to the project, recommended mitigation measures, or significant effects, the consultation shall include those topics. The consultation may include discussion concerning the type of environmental review necessary, the significance of tribal cultural resources, the significance of the project’s impacts on the tribal cultural resources, and, if necessary, project alternatives or the appropriate measures for preservation or mitigation that the California Native American tribe may recommended to the lead agency.
(b) The consultation shall be considered concluded when either of the following occurs:
(1) The parties agree to measures to mitigate or avoid a significant effect, if a significant effect exists, on a tribal cultural resource.
(2) A party, acting in good faith and after reasonable effort, concludes that mutual agreement cannot be reached.
(c) (1) This section does not limit the ability of a California Native American tribe or the public to submit information to the lead agency regarding the significance of the tribal cultural resources, the significance of the project’s impact on tribal cultural resources, or any appropriate measures to mitigate the impact.
(2) This section does not limit the ability of the lead agency or project proponent to incorporate changes and additions to the project as a result of the consultation, even if not legally required.
(d) If the project proponent or its consultants participate in the consultation, those parties shall respect the principles set forth in this section.
(Added by Stats. 2014, Ch. 532, Sec. 6. (AB 52) Effective January 1, 2015.)
2023 California Code › Public Resources Code - PRC › DIVISION 13 - ENVIRONMENTAL QUALITY › CHAPTER 2.6 - General › Section 21080.8.

21080.8. This division does not apply to the conversion of an existing rental mobilehome park to a resident initiated subdivision, cooperative, or condominium for mobilehomes if the conversion will not result in an expansion of or change in existing use of the property.
(Added by Stats. 1990, Ch. 272, Sec. 1. Effective July 17, 1990.)
2023 California Code › Public Resources Code - PRC › DIVISION 13 - ENVIRONMENTAL QUALITY › CHAPTER 2.6 - General › Section 21080.9.

21080.9. This division shall not apply to activities and approvals by any local government, as defined in Section 30109, or any state university or college, as defined in Section 30119, as necessary for the preparation and adoption of a local coastal program or long-range land use development plan pursuant to Division 20 (commencing with Section 30000); provided, however, that certification of a local coastal program or long-range land use development plan by the California Coastal Commission pursuant to Chapter 6 (commencing with Section 30500) of Division 20 shall be subject to the requirements of this division. For the purpose of Section 21080.5, a certified local coastal program or long-range land use development plan constitutes a plan for use in the California Coastal Commission’s regulatory program.
(Amended by Stats. 1979, Ch. 961.)
2023 California Code › Public Resources Code - PRC › DIVISION 13 - ENVIRONMENTAL QUALITY › CHAPTER 2.6 - General › Section 21080.10.

21080.10. This division does not apply to any of the following:
(a) An extension of time, granted pursuant to Section 65361 of the Government Code, for the preparation and adoption of one or more elements of a city or county general plan.
(b) Actions taken by the Department of Housing and Community Development, the California Housing Finance Agency, or a local agency not acting as the lead agency to provide financial assistance or insurance for the development and construction of residential housing for persons and families of low or moderate income, as defined in Section 50093 of the Health and Safety Code, if the project that is the subject of the application for financial assistance or insurance will be reviewed pursuant to this division by another public agency.
(Amended by Stats. 2023, Ch. 150, Sec. 1. (SB 406) Effective January 1, 2024.)
2023 California Code › Public Resources Code - PRC › DIVISION 13 - ENVIRONMENTAL QUALITY › CHAPTER 2.6 - General › Section 21080.12.

21080.12. (a) This division does not apply to actions of the Office of Planning and Research and its subsidiary entities to provide financial assistance for planning, research, or project implementation related to land use or climate resiliency, adaptation, or mitigation if the project that is the subject of the application for financial assistance will be reviewed by another public agency pursuant to this division or by a tribe pursuant to an alternative process or program the tribe implements for evaluating environmental impacts.
(b) The Legislature finds and declares that the exemption set forth in subdivision (a) is appropriate due to the unique role that the Office of Planning and Research plays in the administration of this division.
(Added by Stats. 2023, Ch. 45, Sec. 45. (AB 127) Effective July 10, 2023.)
2023 California Code › Public Resources Code - PRC › DIVISION 13 - ENVIRONMENTAL QUALITY › CHAPTER 2.6 - General › Section 21080.13.

21080.13. (a) This division shall not apply to any railroad grade separation project that eliminates an existing grade crossing or that reconstructs an existing grade separation.
(b) (1) Whenever a state agency determines that a project is not subject to this division pursuant to this section, and it approves or determines to carry out the project, the state agency shall file a notice with the Office of Planning and Research in the manner specified in subdivisions (b) and (c) of Section 21108.
(2) Whenever a local agency determines that a project is not subject to this division pursuant to this section, and it approves or determines to carry out the project, the local agency shall file a notice with the Office of Planning and Research and with the county clerk in each county in which the project will be located in the manner specified in subdivisions (b) and (c) of Section 21152.
(Amended by Stats. 2015, Ch. 143, Sec. 1. (SB 348) Effective January 1, 2016.)
2023 California Code › Public Resources Code - PRC › DIVISION 13 - ENVIRONMENTAL QUALITY › CHAPTER 2.6 - General › Section 21080.14.

21080.14. (a) This division does not apply to the closure of a railroad grade crossing by order of the Public Utilities Commission pursuant to Chapter 6 (commencing with Section 1201) of Part 1 of Division 1 of the Public Utilities Code, if the Public Utilities Commission finds the crossing to present a threat to public safety.
(b) This section does not apply to any crossing for high-speed rail, as defined in Section 185012 of the Public Utilities Code, or any crossing for a project carried out by the High-Speed Rail Authority, as described in Section 185020 of the Public Utilities Code, or a successor agency.
(c) (1)   Whenever a state agency determines that a project is not subject to this division pursuant to this section, and it approves or determines to carry out the project, the state agency shall file a notice with the Office of Planning and Research in the manner specified in subdivisions (b) and (c) of Section 21108.
(2) Whenever a local agency determines that a project is not subject to this division pursuant to this section, and it approves or determines to carry out the project, the local agency shall file a notice with the Office of Planning and Research and with the county clerk in each county in which the project will be located in the manner specified in subdivisions (b) and (c) of Section 21152.
(d) This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
(Added by Stats. 2019, Ch. 466, Sec. 3. (AB 1824) Effective January 1, 2020. Repealed as of January 1, 2025, by its own provisions.)
2023 California Code › Public Resources Code - PRC › DIVISION 13 - ENVIRONMENTAL QUALITY › CHAPTER 2.6 - General › Section 21080.17.

21080.17. This division does not apply to the adoption of an ordinance by a city or county to implement the provisions of Section 65852.1 or Section 65852.2 of the Government Code.
(Added by Stats. 1983, Ch. 1013, Sec. 10. Effective September 22, 1983.)
2023 California Code › Public Resources Code - PRC › DIVISION 13 - ENVIRONMENTAL QUALITY › CHAPTER 2.6 - General › Section 21080.18.

21080.18. This division does not apply to the closing of any public school in which kindergarten or any of grades 1 through 12 is maintained or the transfer of students from that public school to another school if the only physical changes involved are categorically exempt under Chapter 3 (commencing with Section 15000) of Division 6 of Title 14 of the California Administrative Code.
(Amended by Stats. 1986, Ch. 1316, Sec. 1.)
2023 California Code › Public Resources Code - PRC › DIVISION 13 - ENVIRONMENTAL QUALITY › CHAPTER 2.6 - General › Section 21080.20.

21080.20. (a) (1) This division does not apply to an active transportation plan, a pedestrian plan, or a bicycle transportation plan for the restriping of streets and highways, bicycle parking and storage, signal timing to improve street and highway intersection operations, and the related signage for bicycles, pedestrians, and vehicles.
(2) An active transportation plan or pedestrian plan is encouraged to include the consideration of environmental factors, but that consideration does not inhibit or preclude the application of this section.
(3) An individual project that is a part of an active transportation plan or pedestrian plan remains subject to this division unless another exemption applies to that project.
(b) Before determining that a project described in subdivision (a) is exempt pursuant to this section, the lead agency shall hold noticed public hearings in areas affected by the project to hear and respond to public comments. Publication of the notice shall be no fewer times than required by Section 6061 of the Government Code by the public agency in a newspaper of general circulation in the area affected by the proposed project. If more than one area will be affected, the notice shall be published in the newspaper of largest circulation from among the newspapers of general circulation in those areas.
(c) If a local agency determines that a project is not subject to this division pursuant to this section and it determines to approve or carry out that project, the notice shall be filed with the Office of Planning and Research and the county clerk in the county in which the project is located in the manner specified in subdivisions (b) and (c) of Section 21152.
(d) For purposes of this section, the following definitions apply:
(1) “Active transportation plan” means a plan developed by a local jurisdiction that promotes and encourages people to choose walking, bicycling, or rolling through the creation of safe, comfortable, connected, and accessible walking, bicycling, or rolling networks, and encourages alternatives to single-occupancy vehicle trips.
(2) “Pedestrian plan” means a plan developed by a local jurisdiction that establishes a comprehensive, coordinated approach to improving pedestrian infrastructure and safety.
(e) This section shall remain in effect only until January 1, 2030, and as of that date is repealed.
(Amended by Stats. 2022, Ch. 987, Sec. 2. (SB 922) Effective January 1, 2023. Repealed as of January 1, 2030, by its own provisions.)
2023 California Code › Public Resources Code - PRC › DIVISION 13 - ENVIRONMENTAL QUALITY › CHAPTER 2.6 - General › Section 21080.21.

21080.21. This division does not apply to any project of less than one mile in length within a public street or highway or any other public right-of-way for the installation of a new pipeline or the maintenance, repair, restoration, reconditioning, relocation, replacement, removal, or demolition of an existing pipeline. For purposes of this section, “pipeline” includes subsurface facilities but does not include any surface facility related to the operation of the underground facility.
(Amended by Stats. 2019, Ch. 466, Sec. 4. (AB 1824) Effective January 1, 2020.)
2023 California Code › Public Resources Code - PRC › DIVISION 13 - ENVIRONMENTAL QUALITY › CHAPTER 2.6 - General › Section 21080.22.

21080.22. (a) This division does not apply to activities and approvals by a local government necessary for the preparation of general plan amendments pursuant to Section 29763, except that the approval of general plan amendments by the Delta Protection Commission is subject to the requirements of this division.
(b) For purposes of Section 21080.5, a general plan amendment is a plan required by the regulatory program of the Delta Protection Commission.
(Added by Stats. 1992, Ch. 898, Sec. 1. Effective January 1, 1993.)
2023 California Code › Public Resources Code - PRC › DIVISION 13 - ENVIRONMENTAL QUALITY › CHAPTER 2.6 - General › Section 21080.24.

21080.24. This division does not apply to the issuance, modification, amendment, or renewal of a permit by an air pollution control district or air quality management district pursuant to Title V, as defined in Section 39053.3 of the Health and Safety Code, or pursuant to a district Title V program established pursuant to Sections 42301.10, 42301.11, and 42301.12 of the Health and Safety Code, unless the issuance, modification, amendment, or renewal authorizes a physical or operational change to a source or facility.
(Amended by Stats. 2012, Ch. 548, Sec. 4. (AB 2669) Effective January 1, 2013.)
2023 California Code › Public Resources Code - PRC › DIVISION 13 - ENVIRONMENTAL QUALITY › CHAPTER 2.6 - General › Section 21080.26.

21080.26. This division does not apply to minor alterations to utilities made for the purposes of complying with Sections 116410 and 116415 of the Health and Safety Code or regulations adopted thereunder.
(Amended by Stats. 2017, Ch. 327, Sec. 32. (AB 1438) Effective January 1, 2018.)
2023 California Code › Public Resources Code - PRC › DIVISION 13 - ENVIRONMENTAL QUALITY › CHAPTER 2.6 - General › Section 21080.28.

21080.28. (a) This division does not apply to either of the following:
(1) The acquisition, sale, or other transfer of interest in land by a public agency for any of the following purposes:
(A) Preservation of natural conditions existing at the time of transfer, including plant and animal habitats.
(B) Restoration of natural conditions, including plant and animal habitats.
(C) Continuing agricultural use of the land.
(D) Prevention of encroachment of development into flood plains.
(E) Preservation of historical resources.
(F) Preservation of open space or lands for park purposes.
(2) The granting or acceptance of funding by a public agency for purposes of paragraph (1).
(b) Subdivision (a) applies even if physical changes to the environment or changes in the use of the land are a reasonably foreseeable consequence of the acquisition, sale, or other transfer of the interests in land, or of the granting or acceptance of funding, provided that environmental review otherwise required by this division occurs before any project approval that would authorize physical changes being made to that land.
(c) If the lead agency determines that an activity is not subject to this division pursuant to this section and the lead agency determines to approve or carry out the activity, the lead agency shall file a notice with the Office of Planning and Research and with the county clerk in the county in which the land is located in the manner specified in subdivisions (b) and (c) of Section 21152.
(Added by Stats. 2019, Ch. 181, Sec. 2. (AB 782) Effective January 1, 2020.)
2023 California Code › Public Resources Code - PRC › DIVISION 13 - ENVIRONMENTAL QUALITY › CHAPTER 2.6 - General › Section 21080.30.

21080.30. (a) For purposes of this section, “real estate transaction” means the acquisition or disposition of any interest in real property.
(b) This division does not apply to any action, approval, or authorization provided by the State Public Works Board or the Department of Finance regarding any bond issuance, capital outlay project, or real estate transaction.
(Added by Stats. 2017, Ch. 21, Sec. 11. (AB 119) Effective June 27, 2017.)
2023 California Code › Public Resources Code - PRC › DIVISION 13 - ENVIRONMENTAL QUALITY › CHAPTER 2.6 - General › Section 21080.32.

21080.32. (a) This section shall only apply to publicly owned transit agencies, but shall not apply to any publicly owned transit agency created pursuant to Section 130050.2 of the Public Utilities Code.
(b) Except as provided in subdivision (c), and in accordance with subdivision (d), this division does not apply to actions taken on or after July 1, 1995, by a publicly owned transit agency to implement budget reductions caused by the failure of agency revenues to adequately fund agency programs and facilities.
(c) This section does not apply to any action to reduce or eliminate a transit service, facility, program, or activity that was approved or adopted as a mitigation measure in any environmental document authorized by this division or the National Environmental Policy Act (42 U.S.C. Sec. 4321 et seq.) or to any state or federal requirement that is imposed for the protection of the environment.
(d) (1) This section applies only to actions taken after the publicly owned transit agency has made a finding that there is a fiscal emergency caused by the failure of agency revenues to adequately fund agency programs and facilities, and after the publicly owned transit agency has held a public hearing to consider those actions. A publicly owned transit agency that has held such a hearing shall respond within 30 days at a regular public meeting to suggestions made by the public at the initial public hearing. Those actions shall be limited to projects defined in subdivision (a) or (b) of Section 21065 which initiate or increase fees, rates, or charges charged for any existing public service, program, or activity; or reduce or eliminate the availability of an existing publicly owned transit service, facility, program, or activity.
(2) For purposes of this subdivision, “fiscal emergency,” when applied to a publicly owned transit agency, means that the agency is projected to have negative working capital within one year from the date that the agency makes the finding that there is a fiscal emergency pursuant to this section. Working capital shall be determined by adding together all unrestricted cash, unrestricted short-term investments, and unrestricted short-term accounts receivable and then subtracting unrestricted accounts payable. Employee retirement funds, including Internal Revenue Code Section 457 deferred compensation plans and Section 401(k) plans, health insurance reserves, bond payment reserves, workers’ compensation reserves, and insurance reserves, shall not be factored into the formula for working capital.
(Added by Stats. 1996, Ch. 500, Sec. 1. Effective January 1, 1997.)
2023 California Code › Public Resources Code - PRC › DIVISION 13 - ENVIRONMENTAL QUALITY › CHAPTER 2.6 - General › Section 21080.33.

21080.33. This division does not apply to any emergency project undertaken, carried out, or approved by a public agency to maintain, repair, or restore an existing highway, as defined in Section 360 of the Vehicle Code, except for a highway designated as an official state scenic highway pursuant to Section 262 of the Streets and Highways Code, within the existing right-of-way of the highway, damaged as a result of fire, flood, storm, earthquake, land subsidence, gradual earth movement, or landslide, within one year of the damage. This section does not exempt from this division any project undertaken, carried out, or approved by a public agency to expand or widen a highway damaged by fire, flood, storm, earthquake, land subsidence, gradual earth movement, or landslide.
(Added by Stats. 1996, Ch. 825, Sec. 6. Effective January 1, 1997.)
2023 California Code › Public Resources Code - PRC › DIVISION 13 - ENVIRONMENTAL QUALITY › CHAPTER 2.6 - General › Section 21080.34.

21080.34. For the purposes of Section 21069, the phrase “carrying out or approving a project” shall include the carrying out or approval of a plan for a project that expands or enlarges an existing publicly owned airport by any political subdivision, as described in Section 21661.6 of the Public Utilities Code.
(Added by renumbering Section 21080.35 (as added by Stats. 2001, Ch. 534, Sec. 1) by Stats. 2015, Ch. 303, Sec. 432. (AB 731) Effective January 1, 2016.)
2023 California Code › Public Resources Code - PRC › DIVISION 13 - ENVIRONMENTAL QUALITY › CHAPTER 2.6 - General › Section 21080.35.

21080.35. (a) Except as provided in subdivision (d), this division does not apply to the installation of a solar energy system on the roof of an existing building or at an existing parking lot.
(b) For the purposes of this section, the following terms mean the following:
(1) “Existing parking lot” means an area designated and used for parking of vehicles as of the time of the application for the solar energy system and for at least the previous two years.
(2) “Solar energy system” includes all associated equipment. Associated equipment consists of parts and materials that enable the generation and use of solar electricity or solar-heated water, including any monitoring and control, safety, conversion, and emergency responder equipment necessary to connect to the customer’s electrical service or plumbing and any equipment, as well as any equipment necessary to connect the energy generated to the electrical grid, whether that connection is onsite or on an adjacent parcel of the building and separated only by an improved right-of-way. “Associated equipment” does not include a substation.
(c) (1) Associated equipment shall be located on the same parcel of the building, except that associated equipment necessary to connect the energy generated to the electrical grid may be located immediately adjacent to the parcel of the building or immediately adjacent to the parcel of the building and separated only by an improved right-of-way.
(2) Associated equipment shall not occupy more than 500 square feet of ground surface and the site of the associated equipment shall not contain plants protected by the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code).
(d) This section does not apply if the associated equipment would otherwise require one of the following:
(1) An individual federal permit pursuant to Section 401 or 404 of the federal Clean Water Act (33 U.S.C. Sec. 1341 or 1344) or waste discharge requirements pursuant to the Porter-Cologne Water Quality Control Act (Division 7 (commencing with Section 13000) of the Water Code).
(2) An individual take permit for species protected under the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.) or the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code).
(3) A streambed alteration permit pursuant to Chapter 6 (commencing with Section 1600) of Division 2 of the Fish and Game Code.
(e) This section does not apply if the installation of a solar energy system at an existing parking lot involves either of the following:
(1) The removal of a tree required to be planted, maintained, or protected pursuant to local, state, or federal requirements, unless the tree dies and there is no requirement to replace the tree.
(2) The removal of a native tree over 25 years old.
(f) This section does not apply to any transmission or distribution facility or connection.
(Added by Stats. 2011, Ch. 469, Sec. 3. (SB 226) Effective January 1, 2012.)
2023 California Code › Public Resources Code - PRC › DIVISION 13 - ENVIRONMENTAL QUALITY › CHAPTER 2.6 - General › Section 21080.42.

21080.42. (a) The following transportation projects are exempt from this division:
(1) U.S. Highway 101 interchange modification, adding southbound auxiliary lane and southbound mixed flow lane, from Interstate 280 to Yerba Buena Road, in Santa Clara County.
(2) Construct north and southbound high-occupancy vehicle lanes on I-805 from I-5 to Carroll Canyon Road, including construction of north-facing direct access ramps in San Diego County.
(3) State Route 99, Los Molinas rehabilitation and traffic calming, from Orange Street to Tehama Vine Road, in Tehama County.
(4) State Route 99, Island Park widening project, adding one mixed flow lane in each direction, from Ashlan Avenue to Grantlund Avenue, in Fresno County.
(5) State Route 99 median widening, adding one mixed flow lane in each direction, from State Route 120 west to 0.4 miles north of Arch Road, in Manteca in San Joaquin County.
(6) State Route 12 pavement rehabilitation and shoulder widening in San Joaquin County on Bouldin Island.
(7) State Route 91 widening, adding one mixed flow lane in each direction, from State Route 55 to Weir Canyon Road in Orange County.
(8) U.S. Highway 101 pavement rehabilitation and shoulder widening in San Luis Obispo County.
(b) An exemption provided pursuant to subdivision (a) shall not apply to a transportation project if, on or after February 1, 2009, a lead agency changes the scope of that project from the manner in which the project is described in subdivision (a).
(Added by Stats. 2009, 2nd Ex. Sess., Ch. 6, Sec. 4. Effective May 21, 2009.)
2023 California Code › Public Resources Code - PRC › DIVISION 13 - ENVIRONMENTAL QUALITY › CHAPTER 2.6 - General › Section 21080.46.

21080.46. (a) Without limiting any other statutory exemption or categorical exemption, this division does not apply to the adoption of an ordinance by a city, county, or city and county to limit or prohibit the drilling of new or deeper groundwater wells, or to limit or prohibit increased extractions from existing groundwater wells, through stricter conditions on the issuance of well permits or changes in the intensity of land use that would increase demand on groundwater.
(b) (1) This section shall remain operative until July 1, 2017, or so long as the state of emergency due to drought conditions declared by the Governor in the proclamation of a state of emergency issued on January 17, 2014, remains in effect, whichever is later.
(2) This section is repealed on January 1 of the year following the date on which this section becomes inoperative.
(c) Notwithstanding subdivision (a) or (b), this section does not apply to either of the following:
(1) The issuance of any permit for a new or deeper groundwater well by a city, county, or city and county.
(2) The adoption of any ordinance affecting or relating to new residential, commercial, institutional, or industrial projects or any mix of these uses, or any change in the intensity or use of land for these purposes, if that project or change in use requires approval by a city, county, or city and county. Nor does this section apply to the adoption of any ordinance that would limit or prohibit new or deeper groundwater wells, or increased extraction from existing groundwater wells, that may be needed to serve these projects.
(Added by Stats. 2015, Ch. 27, Sec. 8. (SB 88) Effective June 24, 2015. Inoperative on July 1, 2017, or later date, as prescribed in subd. (b). Repealed, by its own provisions, on January 1 following inoperative date.)
2023 California Code › Public Resources Code - PRC › DIVISION 13 - ENVIRONMENTAL QUALITY › CHAPTER 2.6 - General › Section 21080.50.

21080.50. (a) For purposes of this section, the following definitions apply:
(1) “Interim motel housing project” or “project” means the conversion of a structure with a certificate of occupancy as a motel, hotel, residential hotel, or hostel to supportive or transitional housing, and the conversion meets one or both of the following conditions:
(A) It does not result in the expansion of more than 10 percent of the floor area of any individual living unit in the structure.
(B) It does not result in any significant effects relating to traffic, noise, air quality, or water quality.
(2) “Residential hotel” has the same meaning as defined in Section 50519 of the Health and Safety Code.
(3) “Supportive housing” means housing linked to onsite or offsite supportive services and with no limit on length of stay for persons with low incomes who have one or more disabilities and may include, among other populations, adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people.
(4) “Supportive services” means services that are provided on a voluntary basis to residents of supportive or transitional housing, including, but not limited to, a combination of subsidized and permanent housing services, intensive case management, medical and mental health care, substance abuse treatment, employment services, benefits advocacy, and other services or service referrals necessary to obtain and maintain housing.
(5) “Transitional housing” means temporary housing linked to supportive services that is offered, usually for a period of up to 24 months, to facilitate movement to permanent housing for persons with low incomes who may have one or more disabilities, and may include, among other populations, adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people.
(b) This division does not apply to an interim motel housing project.
(c) A lead agency that determines an interim motel housing project is exempt pursuant to this section shall file a notice of exemption in accordance with subdivision (b) of Section 21152 with the Office of Planning and Research.
(Amended by Stats. 2023, Ch. 732, Sec. 1. (SB 91) Effective January 1, 2024.)
2023 California Code › Public Resources Code - PRC › DIVISION 13 - ENVIRONMENTAL QUALITY › CHAPTER 2.6 - General › Section 21080.56.

21080.56. (a) This division does not apply to a project that is exclusively one of the following:
(1) A project to conserve, restore, protect, or enhance, and assist in the recovery of California native fish and wildlife, and the habitat upon which they depend.
(2) A project to restore or provide habitat for California native fish and wildlife.
(b) An eligible project may have incidental public benefits, such as public access and recreation.
(c) This section does not apply to a project unless the project does both of the following:
(1) Results in long-term net benefits to climate resiliency, biodiversity, and sensitive species recovery.
(2) Includes procedures and ongoing management for the protection of the environment.
(d) This section does not apply to a project that includes construction activities, except for construction activities solely related to habitat restoration.
(e) The lead agency shall obtain the concurrence of the Director of Fish and Wildlife for the determinations required pursuant to subdivisions (a) to (d), inclusive. The director shall document the director’s concurrence using substantial evidence and best available science.
(f) The project shall remain subject to all other applicable federal, state, and local laws and regulations, and shall not weaken or violate any applicable environmental or public health standards.
(g) Within 48 hours of making a determination that a project is exempt pursuant to this section, a lead agency shall file a notice described in subdivision (b) of Section 21108 or subdivision (b) of Section 21152 with the Office of Planning and Research, and the Department of Fish and Wildlife shall post the concurrence of the Director of Fish and Wildlife on the department’s internet website.
(h) The Natural Resources Agency shall, in accordance with Section 9795 of the Government Code, report annually to the Legislature all determinations pursuant to this section.
(i) This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
(Added by Stats. 2021, Ch. 258, Sec. 23. (SB 155) Effective September 23, 2021. Repealed as of January 1, 2025, by its own provisions.)
2023 California Code › Public Resources Code - PRC › DIVISION 13 - ENVIRONMENTAL QUALITY › CHAPTER 2.6 - General › Section 21081.

21081. Pursuant to the policy stated in Sections 21002 and 21002.1, no public agency shall approve or carry out a project for which an environmental impact report has been certified which identifies one or more significant effects on the environment that would occur if the project is approved or carried out unless both of the following occur:
(a) The public agency makes one or more of the following findings with respect to each significant effect:
(1)  Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment.
(2)  Those changes or alterations are within the responsibility and jurisdiction of another public agency and have been, or can and should be, adopted by that other agency.
(3)  Specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or alternatives identified in the environmental impact report.
(b) With respect to significant effects which were subject to a finding under paragraph (3) of subdivision (a), the public agency finds that specific overriding economic, legal, social, technological, or other benefits of the project outweigh the significant effects on the environment.
(Amended by Stats. 1994, Ch. 1294, Sec. 2. Effective October 1, 1994. Note: October 1, 1994, is the date that Ch. 1294 became law without the Governor's signature.)
2023 California Code › Public Resources Code - PRC › DIVISION 13 - ENVIRONMENTAL QUALITY › CHAPTER 2.6 - General › Section 21081.2.

21081.2. (a) Except as provided in subdivision (c), if a residential project, not exceeding 100 units, with a minimum residential density of 20 units per acre and within one-half mile of a transit stop, on an infill site in an urbanized area is in compliance with the traffic, circulation, and transportation policies of the general plan, applicable community plan, applicable specific plan, and applicable ordinances of the city or county with jurisdiction over the area where the project is located, and the city or county requires that the mitigation measures approved in a previously certified project area environmental impact report applicable to the project be incorporated into the project, the city or county is not required to comply with subdivision (a) of Section 21081 with respect to the making of any findings regarding the impacts of the project on traffic at intersections, or on streets, highways, or freeways.
(b) Nothing in subdivision (a) restricts the authority of a city or county to adopt feasible mitigation measures with respect to the impacts of a project on pedestrian and bicycle safety.
(c) Subdivision (a) does not apply in any of the following circumstances:
(1) The application for a proposed project is made more than five years after certification of the project area environmental impact report applicable to the project.
(2) A major change has occurred within the project area after certification of the project area environmental impact report applicable to the project.
(3) The project area environmental impact report applicable to the project was certified with overriding considerations pursuant to subdivision (b) of Section 21081 to the significant impacts on the environment with respect to traffic or transportation.
(4) The proposed project covers more than four acres.
(d) A project shall not be divided into smaller projects in order to qualify pursuant to this section.
(e) Nothing in this section relieves a city or county from the requirement to analyze the project’s effects on traffic at intersections, or on streets, highways, or freeways, or from making a determination that the project may have a significant effect on traffic.
(f) For the purposes of this section, “project area environmental impact report” means an environmental impact report certified on any of the following:
(1) A general plan.
(2) A revision or update to the general plan that includes at least the land use and circulation elements.
(3) An applicable community plan.
(4) An applicable specific plan.
(5) A housing element of the general plan, if the environmental impact report analyzed the environmental effects of the density of the proposed project.
(6) A zoning ordinance.
(Added by Stats. 2006, Ch. 715, Sec. 1. Effective January 1, 2007.)
2023 California Code › Public Resources Code - PRC › DIVISION 13 - ENVIRONMENTAL QUALITY › CHAPTER 2.6 - General › Section 21081.3.

21081.3. (a) Except as specified in subdivision (b), a lead agency is not required to evaluate the aesthetic effects of a project and aesthetic effects shall not be considered significant effects on the environment if the project involves the refurbishment, conversion, repurposing, or replacement of an existing building that meets all of the following requirements:
(1) The building is abandoned, dilapidated, or has been vacant for more than one year.
(2) The building 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 previously have been developed for qualified urban uses.
(3) The project includes the construction of housing.
(4) Any new structure does not substantially exceed the height of the existing structure.
(5) The project does not create a new source of substantial light or glare.
(b) Subdivision (a) shall not apply to either of the following:
(1) A project with potentially significant aesthetic effects on an official state scenic highway established pursuant to Article 2.5 (commencing with Section 260) of Chapter 2 of Division 1 of the Streets and Highways Code.
(2) A project with potentially significant aesthetic effects on historical or cultural resources.
(c) This section does not alter, affect, or otherwise change the authority of a lead agency to consider aesthetic issues and to require the mitigation or avoidance of adverse aesthetic effect pursuant to other laws.
(d) For purposes of this section, “dilapidated” means decayed, deteriorated, or fallen into such disrepair through neglect or misuse so as to require substantial repair for safe and proper use.
(e) If the lead agency determines that it is not required to evaluate the aesthetic effects of a project pursuant to this section, and the lead agency determines to approve or carry out that project, the lead agency shall file a notice with the Office of Planning and Research and the county clerk of the county in which the project is located in the manner specified in subdivisions (b) and (c) of Section 21108 or subdivisions (b) and (c) of Section 21152.
(f) This section shall remain in effect only until January 1, 2029, and as of that date is repealed.
(Amended by Stats. 2023, Ch. 116, Sec. 2. (AB 356) Effective January 1, 2024. Repealed as of January 1, 2029, by its own provisions.)
2023 California Code › Public Resources Code - PRC › DIVISION 13 - ENVIRONMENTAL QUALITY › CHAPTER 2.6 - General › Section 21081.5.

21081.5. In making the findings required by paragraph (3) of subdivision (a) of Section 21081, the public agency shall base its findings on substantial evidence in the record.
(Amended by Stats. 1994, Ch. 1294, Sec. 3. Effective October 1, 1994. Note: October 1, 1994, is the date that Ch. 1294 became law without the Governor's signature.)
2023 California Code › Public Resources Code - PRC › DIVISION 13 - ENVIRONMENTAL QUALITY › CHAPTER 2.6 - General › Section 21081.7.

21081.7. Transportation information resulting from the reporting or monitoring program required to be adopted by a public agency pursuant to Section 21081.6 shall be submitted to the transportation planning agency in the region where the project is located and to the Department of Transportation for a project of statewide, regional, or areawide significance according to criteria developed pursuant to Section 21083. The transportation planning agency and the Department of Transportation shall adopt guidelines for the submittal of those reporting or monitoring programs.
(Amended by Stats. 2001, Ch. 867, Sec. 1. Effective January 1, 2002.)
2023 California Code › Public Resources Code - PRC › DIVISION 13 - ENVIRONMENTAL QUALITY › CHAPTER 2.6 - General › Section 21082.

21082. All public agencies shall adopt by ordinance, resolution, rule, or regulation, objectives, criteria, and procedures for the evaluation of projects and the preparation of environmental impact reports and negative declarations pursuant to this division. A school district, or any other district, whose boundaries are coterminous with a city, county, or city and county, may utilize the objectives, criteria, and procedures of the city, county, or city and county, as may be applicable, in which case, the school district or other district need not adopt objectives, criteria, and procedures of its own. The objectives, criteria, and procedures shall be consistent with the provisions of this division and with the guidelines adopted by the Secretary of the Resources Agency pursuant to Section 21083. Such objectives, criteria, and procedures shall be adopted by each public agency no later than 60 days after the Secretary of the Resources Agency has adopted guidelines pursuant to Section 21083.
(Amended by Stats. 1976, Ch. 1312.)
2023 California Code › Public Resources Code - PRC › DIVISION 13 - ENVIRONMENTAL QUALITY › CHAPTER 2.6 - General › Section 21082.1.

21082.1. (a) A draft environmental impact report, environmental impact report, negative declaration, or mitigated negative declaration prepared pursuant to the requirements of this division shall be prepared directly by, or under contract to, a public agency.
(b) This section does not prohibit, and shall not be construed as prohibiting, a person from submitting information or other comments to the public agency responsible for preparing an environmental impact report, draft environmental impact report, negative declaration, or mitigated negative declaration. The information or other comments may be submitted in any format, shall be considered by the public agency, and may be included, in whole or in part, in any report or declaration.
(c) The lead agency shall do all of the following:
(1) Independently review and analyze any report or declaration required by this division.
(2) Circulate draft documents that reflect its independent judgment.
(3) As part of the adoption of a negative declaration or a mitigated negative declaration, or certification of an environmental impact report, find that the report or declaration reflects the independent judgment of the lead agency.
(4) Submit, in an electronic form as required by the Office of Planning and Research, the draft environmental impact report, proposed negative declaration, or proposed mitigated negative declaration to the State Clearinghouse.
(d) The lead agency shall post all environmental review documents described in subdivision (a) on its internet website, if any.
(Amended by Stats. 2021, Ch. 97, Sec. 2. (AB 819) Effective January 1, 2022.)
2023 California Code › Public Resources Code - PRC › DIVISION 13 - ENVIRONMENTAL QUALITY › CHAPTER 2.6 - General › Section 21082.2.

21082.2. (a) The lead agency shall determine whether a project may have a significant effect on the environment based on substantial evidence in light of the whole record.
(b) The existence of public controversy over the environmental effects of a project shall not require preparation of an environmental impact report if there is no substantial evidence in light of the whole record before the lead agency that the project may have a significant effect on the environment.
(c) Argument, speculation, unsubstantiated opinion or narrative, evidence which is clearly inaccurate or erroneous, or evidence of social or economic impacts which do not contribute to, or are not caused by, physical impacts on the environment, is not substantial evidence. Substantial evidence shall include facts, reasonable assumptions predicated upon facts, and expert opinion supported by facts.
(d) If there is substantial evidence, in light of the whole record before the lead agency, that a project may have a significant effect on the environment, an environmental impact report shall be prepared.
(e) Statements in an environmental impact report and comments with respect to an environmental impact report shall not be deemed determinative of whether the project may have a significant effect on the environment.
(Amended by Stats. 1993, Ch. 1131, Sec. 7. Effective January 1, 1994.)
2023 California Code › Public Resources Code - PRC › DIVISION 13 - ENVIRONMENTAL QUALITY › CHAPTER 2.6 - General › Section 21082.4.

21082.4. In describing and evaluating a project in an environmental review document prepared pursuant to this division, the lead agency may consider specific economic, legal, social, technological, or other benefits, including regionwide or statewide environmental benefits, of a proposed project and the negative impacts of denying the project. Any benefits or negative impacts considered pursuant to this section shall be based on substantial evidence in light of the whole record.
(Added by Stats. 2018, Ch. 193, Sec. 1. (AB 2782) Effective January 1, 2019.)
2023 California Code › Public Resources Code - PRC › DIVISION 13 - ENVIRONMENTAL QUALITY › CHAPTER 2.6 - General › Section 21083.01.

21083.01. (a) On or after January 1, 2013, at the time of the next review of the guidelines prepared and developed to implement this division pursuant to subdivision (f) of Section 21083, the Office of Planning and Research, in cooperation with the Department of Forestry and Fire Protection, shall prepare, develop, and transmit to the Secretary of the Natural Resources Agency recommended proposed changes or amendments to the initial study checklist of the guidelines implementing this division for the inclusion of questions related to fire hazard impacts for projects located on lands classified as state responsibility areas, as defined in Section 4102, and on lands classified as very high fire hazard severity zones, as defined in subdivision (i) of Section 51177 of the Government Code.
(b) Upon receipt and review, the Secretary of the Natural Resources Agency shall certify and adopt the recommended proposed changes or amendments prepared and developed by the Office of Planning and Research pursuant to subdivision (a).
(Added by Stats. 2012, Ch. 311, Sec. 5. (SB 1241) Effective January 1, 2013.)
2023 California Code › Public Resources Code - PRC › DIVISION 13 - ENVIRONMENTAL QUALITY › CHAPTER 2.6 - General › Section 21083.05.

21083.05. The Office of Planning and Research and the Natural Resources Agency shall periodically update the guidelines for the mitigation of greenhouse gas emissions or the effects of greenhouse gas emissions as required by this division, including, but not limited to, effects associated with transportation or energy consumption, to incorporate new information or criteria established by the State Air Resources Board pursuant to Division 25.5 (commencing with Section 38500) of the Health and Safety Code.
(Amended by Stats. 2012, Ch. 548, Sec. 5. (AB 2669) Effective January 1, 2013.)