reglab/statecodes huggingface dataset:
2023 California Code › Public Resources Code - PRC › DIVISION 13 - ENVIRONMENTAL QUALITY › CHAPTER 4.5 - Streamlined Environmental Review › ARTICLE 6 - Special Review of Housing Projects › Section 21159.23.

21159.23. (a) This division does not apply to any development project that consists of the construction, conversion, or use of residential housing consisting of 100 or fewer that is affordable to low-income households if both of the following criteria are met:
(1) The developer of the development project provides sufficient legal commitments to the appropriate local agency to ensure the continued availability and use of the housing units for lower income households, as defined in Section 50079.5 of the Health and Safety Code, for a period of at least 30 years, at monthly housing costs, as determined pursuant to Section 50053 of the Health and Safety Code.
(2) The development project meets all of the following requirements:
(A) The project satisfies the criteria described in Section 21159.21.
(B) The project site meets one of the following conditions:
(i) Has been previously developed for qualified urban uses.
(ii) The parcels immediately adjacent to the site 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 perimeter of the site adjoins parcels that have previously been developed for qualified urban uses, and the site has not been developed for urban uses and no parcel within the site has been created within 10 years prior to the proposed development of the site.
(C) The project site is not more than five acres in area.
(D) The project site is located within an urbanized areaor within a census-defined place with a population density of at least 5,000 persons per square mile or, if the project consists of 50 or fewer units, within an incorporated city with a population density of at least 2,500 persons per square mile and a total population of at least 25,000 persons.
(b) Notwithstanding subdivision (a), if a project satisfies all of the criteria described in subdivision (a) except subparagraph (D) of paragraph (2) of that subdivision, this division does not apply to the project if the project is located within either an incorporated city or a census defined place with a population density of at least 1,000 persons per square mile.
(c) Notwithstanding subdivision (b), this division applies to a project that meets the criteria of subdivision (b), if there is a reasonable possibility that the project would have a significant effect on the environment or the residents of the project due to unusual circumstances or due to the related or cumulative impacts of reasonably foreseeable projects in the vicinity of the project.
(d) For the purposes of this section, “residential” means a use consisting of either of the following:
(1) Residential units only.
(2) Residential units and primarily neighborhood-serving goods, services, or retail uses that do not exceed 15 percent of the total floor area of the project.
(Added by Stats. 2002, Ch. 1039, Sec. 12. Effective January 1, 2003.)
2023 California Code › Public Resources Code - PRC › DIVISION 13 - ENVIRONMENTAL QUALITY › CHAPTER 4.5 - Streamlined Environmental Review › ARTICLE 6 - Special Review of Housing Projects › Section 21159.26.

21159.26. With respect to a project that includes a housing development, a public agency may not reduce the proposed number of housing units as a mitigation measure or project alternative for a particular significant effect on the environment if it determines that there is another feasible specific mitigation measure or project alternative that would provide a comparable level of mitigation. This section does not affect any other requirement regarding the residential density of that project.
(Added by Stats. 2002, Ch. 1039, Sec. 12. Effective January 1, 2003.)
2023 California Code › Public Resources Code - PRC › DIVISION 13 - ENVIRONMENTAL QUALITY › CHAPTER 4.5 - Streamlined Environmental Review › ARTICLE 6 - Special Review of Housing Projects › Section 21159.27.

21159.27. A project may not be divided into smaller projects to qualify for one or more exemptions pursuant to this article.
(Added by Stats. 2002, Ch. 1039, Sec. 12. Effective January 1, 2003.)
2023 California Code › Public Resources Code - PRC › DIVISION 13 - ENVIRONMENTAL QUALITY › CHAPTER 4.5 - Streamlined Environmental Review › ARTICLE 6 - Special Review of Housing Projects › Section 21159.28.

21159.28. (a) If a residential or mixed-use residential project is consistent with the use designation, density, building intensity, and applicable policies specified for the project area in either a sustainable communities strategy or an alternative planning strategy, for which the State Air Resources Board pursuant to subparagraph (I) of paragraph (2) of subdivision (b) of Section 65080 of the Government Code has accepted the metropolitan planning organization’s determination that the sustainable communities strategy or the alternative planning strategy would, if implemented, achieve the greenhouse gas emission reduction targets and if the project incorporates the mitigation measures required by an applicable prior environmental document, then any findings or other determinations for an exemption, a negative declaration, a mitigated negative declaration, a sustainable communities environmental assessment, an environmental impact report, or addenda prepared or adopted for the project pursuant to this division shall not be required to reference, describe, or discuss (1) growth inducing impacts; or (2) any project specific or cumulative impacts from cars and light-duty truck trips generated by the project on global warming or the regional transportation network.
(b) Any environmental impact report prepared for a project described in subdivision (a) shall not be required to reference, describe, or discuss a reduced residential density alternative to address the effects of car and light-duty truck trips generated by the project.
(c) “Regional transportation network,” for purposes of this section, means all existing and proposed transportation system improvements, including the state transportation system, that were included in the transportation and air quality conformity modeling, including congestion modeling, for the final regional transportation plan adopted by the metropolitan planning organization, but shall not include local streets and roads. Nothing in the foregoing relieves any project from a requirement to comply with any conditions, exactions, or fees for the mitigation of the project’s impacts on the structure, safety, or operations of the regional transportation network or local streets and roads.
(d) A residential or mixed-use residential project is a project where at least 75 percent of the total building square footage of the project consists of residential use or a project that is a transit priority project as defined in Section 21155.
(Added by Stats. 2008, Ch. 728, Sec. 15. Effective January 1, 2009.)
2023 California Code › Public Resources Code - PRC › DIVISION 13 - ENVIRONMENTAL QUALITY › CHAPTER 5 - Submission of Information › Section 21160.

21160. (a) Whenever any person applies to any public agency for a lease, permit, license, certificate, or other entitlement for use, the public agency may require that person to submit data and information that may be necessary to enable the public agency to determine whether the proposed project may have a significant effect on the environment or to prepare an environmental impact report.
(b) If any or all of the information so submitted is a “trade secret” as defined in Section 7924.510 of the Government Code by those submitting that information, it shall not be included in the impact report or otherwise disclosed by any public agency. This section shall not be construed to prohibit the exchange of properly designated trade secrets between public agencies who have lawful jurisdiction over the preparation of the impact report.
(Amended by Stats. 2021, Ch. 615, Sec. 380. (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 5 - Submission of Information › Section 21161.

21161. Whenever a public agency has completed an environmental document, it shall cause a notice of completion of that report to be filed with the Office of Planning and Research using the Office of Planning and Research’s online process. The public agency is not required to mail a printed copy of the notice of completion to the Office of Planning and Research. The notice of completion shall briefly identify the project and shall indicate that an environmental document has been prepared. The notice of completion shall identify the project location by latitude and longitude. Failure to file the notice required by this section shall not affect the validity of a project.
(Amended by Stats. 2021, Ch. 97, Sec. 9. (AB 819) Effective January 1, 2022.)
2023 California Code › Public Resources Code - PRC › DIVISION 13 - ENVIRONMENTAL QUALITY › CHAPTER 5.5 - No Place Like Home Projects › Section 21163.

21163. For purposes of this chapter, “No Place Like Home project” means a permanent supportive housing project that meets the criteria for funding pursuant to the No Place Like Home Program (Part 3.9 (commencing with Section 5849.1) of Division 5 of the Welfare and Institutions Code) and for which a public agency applies for, or receives, funding from the Department of Housing and Community Development.
(Added by Stats. 2019, Ch. 346, Sec. 5. (SB 744) Effective January 1, 2020. Repealed on date prescribed by Section 21163.4)
2023 California Code › Public Resources Code - PRC › DIVISION 13 - ENVIRONMENTAL QUALITY › CHAPTER 5.5 - No Place Like Home Projects › Section 21163.1.

21163.1. A decision by a public agency to seek funding from, or the Department of Housing and Community Development’s awarding of funds pursuant to, the No Place Like Home Program (Part 3.9 (commencing with Section 5849.1) of Division 5 of the Welfare and Institutions Code) does not constitute a “project” for purposes of this division.
(Added by Stats. 2019, Ch. 346, Sec. 5. (SB 744) Effective January 1, 2020. Repealed on date prescribed by Section 21163.4)
2023 California Code › Public Resources Code - PRC › DIVISION 13 - ENVIRONMENTAL QUALITY › CHAPTER 5.5 - No Place Like Home Projects › Section 21163.2.

21163.2. If a No Place Like Home project is not eligible for approval as a use by right pursuant to Article 11 (commencing with Section 65650) of Chapter 3 of Division 1 of Title 7 of the Government Code and is subject to this division, the development applicant may request, within 10 days after the lead agency determines the type of environmental documentation required for the project pursuant to this division, that the lead agency prepare and certify the record of proceeding for the environmental review of the No Place Like Home project in accordance with Section 21186.
(Added by Stats. 2019, Ch. 346, Sec. 5. (SB 744) Effective January 1, 2020. Repealed on date prescribed by Section 21163.4)
2023 California Code › Public Resources Code - PRC › DIVISION 13 - ENVIRONMENTAL QUALITY › CHAPTER 5.5 - No Place Like Home Projects › Section 21163.3.

21163.3. (a) (1) If a local agency approves or determines to carry out a No Place Like Home project that is subject to this division, the local agency shall file notice of that approval or determination in accordance with the requirements of subdivision (a) of Section 21152, except that the notice shall be filed within two working days after the approval or determination becomes final.
(2) If a local agency approves or determines to carry out a No Place Like Home project that is not subject to this division, the local agency shall file a notice of exemption in accordance with the requirements of subdivision (b) of Section 21152, except that the notice shall be filed within two working days after the approval or determination becomes final.
(b) Notwithstanding Section 21167, an action or proceeding to attack, review, set aside, void, or annul the acts or decision of a public agency on the grounds of noncompliance with this division for a No Place Like Home project shall commence within 30 days from the date of the filing of the notice required pursuant to subdivision (a).
(c) If the local agency fails to comply with the applicable timing requirements set forth in subdivision (a), an action or proceeding to attack, review, set aside, void, or annul the acts or decision of a public agency on the grounds of noncompliance with this division for a No Place Like Home project shall commence within 30 days from the date of the local agency’s late filing of the notice required pursuant to subdivision (a) or 90 days from the date that the notice was required to be filed pursuant to subdivision (a), whichever is earlier.
(Added by Stats. 2019, Ch. 346, Sec. 5. (SB 744) Effective January 1, 2020. Repealed on date prescribed by Section 21163.4)
2023 California Code › Public Resources Code - PRC › DIVISION 13 - ENVIRONMENTAL QUALITY › CHAPTER 5.5 - No Place Like Home Projects › Section 21163.4.

21163.4. (a) (1) The Department of Housing and Community Development shall notify the Speaker of the Assembly and the President pro Tempore of the Senate when the funding provided pursuant to the No Place Like Home Program (Part 3.9 (commencing with Section 5849.1) of Division 5 of the Welfare and Institutions Code) is fully allocated and disbursed. Notification from the Department of Housing and Community Development pursuant to this subdivision shall be printed in the journal of each of the respective houses of the Legislature.
(2) The Department of Housing and Community Development shall post a copy of the notification provided pursuant to this subdivision on its internet website.
(b) This chapter shall remain in effect only until January 1 of the year following notification from the Department of Housing and Community Development pursuant to subdivision (a), and as of that date is repealed.
(Added by Stats. 2019, Ch. 346, Sec. 5. (SB 744) Effective January 1, 2020. Repealed on date prescribed by its own provisions. Note: Repeal affects Chapter 5.5, commencing with Section 21163.)
2023 California Code › Public Resources Code - PRC › DIVISION 13 - ENVIRONMENTAL QUALITY › CHAPTER 6 - Limitations › Section 21165.

21165. (a) When a project is to be carried out or approved by two or more public agencies, the determination of whether the project may have a significant effect on the environment shall be made by the lead agency, and that agency shall prepare, or cause to be prepared by contract, the environmental impact report for the project, if a report is required by this division. In the event that a dispute arises as to which is the lead agency, any of the disputing public agencies, or in the case of a project described in subdivision (c) of Section 21065 the applicant for such project, may submit the question to the Office of Planning and Research, and the Office of Planning and Research shall designate, within 21 days of receiving the request, the lead agency, giving due consideration to the capacity of that agency to adequately fulfill the requirements of this division.
(b) For the purposes of this section, a “dispute” means a contested, active difference of opinion between two or more public agencies as to which of those agencies shall prepare any necessary environmental document. A dispute exists where each of those agencies claims that it either has or does not have the obligation to prepare that environmental document. The Office of Planning and Research shall not designate a lead agency in the absence of such a dispute.
(Amended by Stats. 2005, Ch. 267, Sec. 2. Effective January 1, 2006.)
2023 California Code › Public Resources Code - PRC › DIVISION 13 - ENVIRONMENTAL QUALITY › CHAPTER 6 - Limitations › Section 21166.

21166. When an environmental impact report has been prepared for a project pursuant to this division, no subsequent or supplemental environmental impact report shall be required by the lead agency or by any responsible agency, unless one or more of the following events occurs:
(a) Substantial changes are proposed in the project which will require major revisions of the environmental impact report.
(b) Substantial changes occur with respect to the circumstances under which the project is being undertaken which will require major revisions in the environmental impact report.
(c) New information, which was not known and could not have been known at the time the environmental impact report was certified as complete, becomes available.
(Amended by Stats. 1977, Ch. 1200.)
2023 California Code › Public Resources Code - PRC › DIVISION 13 - ENVIRONMENTAL QUALITY › CHAPTER 6 - Limitations › Section 21166.1.

21166.1. The decision of a lead agency to prepare an environmental impact report with respect to environmental impacts within a geographic area or for a group of projects shall not be a basis for determining that an environmental document prepared for an individual project within that area or group is inadequate.
(Added by Stats. 1984, Ch. 1514, Sec. 11.)
2023 California Code › Public Resources Code - PRC › DIVISION 13 - ENVIRONMENTAL QUALITY › CHAPTER 6 - Limitations › Section 21166.2.

21166.2. Notwithstanding Section 21166, the environmental review set forth in the Final Environmental Impact Report for the Lower Klamath Project License Surrender (State Clearinghouse No. 2016122047) issued in April 2020 in combination with other environmental review documents related to removal of facilities on the Klamath River prepared and adopted by the Federal Energy Regulatory Commission pursuant to the federal National Environmental Policy Act of 1969 (42 U.S.C. Sec. 321 et seq.) shall be conclusively presumed to satisfy the requirements of this division for any project for the removal of hydroelectric dams and associated facilities, along with associated restoration of formerly inundated lands, hatchery modifications, and implementation of mitigation measures in the Klamath River Basin, undertaken or approved by a public agency if all of the following apply:
(a) The dams proposed to be removed are upstream of a river segment designated as a wild river, a scenic river, or a recreational river pursuant to the California Wild and Scenic Rivers Act (Chapter 1.4 (commencing with Section 5093.50) of Division 5).
(b) There are no downstream dams on the same river, other than the dams proposed to be removed as a part of the same project that are significant barriers to fish passage.
(c) The lead agency certified or adopted the environmental review document prepared under this division and approved the project at least 180 days before the effective date of this section and no action or proceeding challenging the lead agency’s approval was commenced within the applicable statute of limitations.
(Added by Stats. 2021, Ch. 258, Sec. 24. (SB 155) Effective September 23, 2021.)
2023 California Code › Public Resources Code - PRC › DIVISION 13 - ENVIRONMENTAL QUALITY › CHAPTER 6 - Limitations › Section 21166.3.

21166.3. Notwithstanding Section 21166, the environmental review set forth in the Final Programmatic Environmental Impact Report for the Hollister Ranch Coastal Access Program, in combination with other environmental review documents related to the provision of public access to, and along the coastline of, Hollister Ranch in the County of Santa Barbara as required by Section 30610.81, shall be conclusively presumed to satisfy this division for any project to effectuate public access and associated facilities undertaken or approved by a public agency.
(Added by Stats. 2022, Ch. 574, Sec. 25. (AB 211) Effective September 27, 2022.)
2023 California Code › Public Resources Code - PRC › DIVISION 13 - ENVIRONMENTAL QUALITY › CHAPTER 6 - Limitations › Section 21167.

21167. An action or proceeding to attack, review, set aside, void, or annul the following acts or decisions of a public agency on the grounds of noncompliance with this division shall be commenced as follows:
(a) An action or proceeding alleging that a public agency is carrying out or has approved a project that may have a significant effect on the environment without having determined whether the project may have a significant effect on the environment shall be commenced within 180 days from the date of the public agency’s decision to carry out or approve the project, or, if a project is undertaken without a formal decision by the public agency, within 180 days from the date of commencement of the project.
(b) An action or proceeding alleging that a public agency has improperly determined whether a project may have a significant effect on the environment shall be commenced within 30 days from the date of the filing of the notice required by subdivision (a) of Section 21108 or subdivision (a) of Section 21152.
(c) An action or proceeding alleging that an environmental impact report does not comply with this division shall be commenced within 30 days from the date of the filing of the notice required by subdivision (a) of Section 21108 or subdivision (a) of Section 21152 by the lead agency.
(d) An action or proceeding alleging that a public agency has improperly determined that a project is not subject to this division pursuant to subdivision (b) of Section 21080 shall be commenced within 35 days from the date of the filing by the public agency, or person specified in subdivision (b) or (c) of Section 21065, of the notice authorized by subdivision (b) of Section 21108 or subdivision (b) of Section 21152. If the notice has not been filed, the action or proceeding shall be commenced within 180 days from the date of the public agency’s decision to carry out or approve the project, or, if a project is undertaken without a formal decision by the public agency, within 180 days from the date of commencement of the project.
(e) An action or proceeding alleging that another act or omission of a public agency does not comply with this division shall be commenced within 30 days from the date of the filing of the notice required by subdivision (a) of Section 21108 or subdivision (a) of Section 21152.
(f) If a person has made a written request to the public agency for a copy of the notice specified in Section 21108 or 21152 before the date on which the agency approves or determines to carry out the project, then not later than five days from the date of the agency’s action, the public agency shall deposit a written copy of the notice addressed to that person in the United States mail, first class postage prepaid. The date upon which this notice is mailed shall not affect the time periods specified in subdivisions (b), (c), (d), and (e).
(Amended by Stats. 2022, Ch. 38, Sec. 1. (AB 2965) Effective January 1, 2023.)
2023 California Code › Public Resources Code - PRC › DIVISION 13 - ENVIRONMENTAL QUALITY › CHAPTER 6 - Limitations › Section 21167.1.

21167.1. (a) In all actions or proceedings brought pursuant to Sections 21167, 21168, and 21168.5, including the hearing of an action or proceeding on appeal from a decision of a lower court, all courts in which the action or proceeding is pending shall give the action or proceeding preference over all other civil actions, in the matter of setting the action or proceeding for hearing or trial, and in hearing or trying the action or proceeding, so that the action or proceeding shall be quickly heard and determined. The court shall regulate the briefing schedule so that, to the extent feasible, the court shall commence hearings on an appeal within one year of the date of the filing of the appeal.
(b) To ensure that actions or proceedings brought pursuant to Sections 21167, 21168, and 21168.5 may be quickly heard and determined in the lower courts, the superior courts in all counties with a population of more than 200,000 shall designate one or more judges to develop expertise in this division and related land use and environmental laws, so that those judges will be available to hear, and quickly resolve, actions or proceedings brought pursuant to Sections 21167, 21168, and 21168.5.
(c) In an action or proceeding filed pursuant to this chapter that is joined with any other cause of action, the court, upon a motion by any party, may grant severance of the actions. In determining whether to grant severance, the court shall consider such matters as judicial economy, administrative economy, and prejudice to any party.
(Amended by Stats. 2006, Ch. 538, Sec. 578. Effective January 1, 2007.)
2023 California Code › Public Resources Code - PRC › DIVISION 13 - ENVIRONMENTAL QUALITY › CHAPTER 6 - Limitations › Section 21167.2.

21167.2. If no action or proceeding alleging that an environmental impact report does not comply with the provisions of this division is commenced during the period prescribed in subdivision (c) of Section 21167, the environmental impact report shall be conclusively presumed to comply with the provisions of this division for purposes of its use by responsible agencies, unless the provisions of Section 21166 are applicable.
(Added by Stats. 1977, Ch. 1200.)
2023 California Code › Public Resources Code - PRC › DIVISION 13 - ENVIRONMENTAL QUALITY › CHAPTER 6 - Limitations › Section 21167.3.

21167.3. (a) If an action or proceeding alleging that an environmental impact report or a negative declaration does not comply with the provisions of this division is commenced during the period described in subdivision (b) or (c) of Section 21167, and if an injunction or stay is issued prohibiting the project from being carried out or approved pending final determination of the issue of such compliance, responsible agencies shall assume that the environmental impact report or the negative declaration for the project does comply with the provisions of this division and shall issue a conditional approval or disapproval of such project according to the timetable for agency action in Article 5 (commencing with Section 65950) of Chapter 4.5 of Division 1 of Title 7 of the Government Code. A conditional approval shall constitute permission to proceed with a project when and only when such action or proceeding results in a final determination that the environmental impact report or negative declaration does comply with the provisions of this division.
(b) In the event that an action or proceeding is commenced as described in subdivision (a) but no injunction or similar relief is sought and granted, responsible agencies shall assume that the environmental impact report or negative declaration for the project does comply with the provisions of this division and shall approve or disapprove the project according to the timetable for agency action in Article 5 (commencing with Section 65950) of Chapter 4.5 of Division 1 of Title 7 of the Government Code. Such approval shall constitute permission to proceed with the project at the applicant’s risk pending final determination of such action or proceeding.
(Amended by Stats. 1980, Ch. 131, Sec. 2. Effective May 28, 1980.)
2023 California Code › Public Resources Code - PRC › DIVISION 13 - ENVIRONMENTAL QUALITY › CHAPTER 6 - Limitations › Section 21167.4.

21167.4. (a) In any action or proceeding alleging noncompliance with this division, the petitioner shall request a hearing within 90 days from the date of filing the petition or shall be subject to dismissal on the court’s own motion or on the motion of any party interested in the action or proceeding.
(b) The petitioner shall serve a notice of the request for a hearing on all parties at the time that the petitioner files the request for a hearing.
(c) Upon the filing of a request by the petitioner for a hearing and upon application by any party, the court shall establish a briefing schedule and a hearing date. In the absence of good cause, briefing shall be completed within 90 days from the date that the request for a hearing is filed, and the hearing, to the extent feasible, shall be held within 30 days thereafter. Good cause may include, but shall not be limited to, the conduct of discovery, determination of the completeness of the record of proceedings, the complexity of the issues, and the length of the record of proceedings and the timeliness of its production. The parties may stipulate to a briefing schedule or hearing date that differs from the schedule set forth in this subdivision if the stipulation is approved by the court.
(d) This section shall become operative on January 1, 2016.
(Repealed (in Sec. 5) and added by Stats. 2010, Ch. 496, Sec. 6. (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 6 - Limitations › Section 21167.5.

21167.5. Proof of prior service by mail upon the public agency carrying out or approving the project of a written notice of the commencement of any action or proceeding described in Section 21167 identifying the project shall be filed concurrently with the initial pleading in such action or proceeding.
(Added by Stats. 1972, Ch. 1154.)
2023 California Code › Public Resources Code - PRC › DIVISION 13 - ENVIRONMENTAL QUALITY › CHAPTER 6 - Limitations › Section 21167.6.5.

21167.6.5. (a) The petitioner or plaintiff shall name, as a real party in interest, the person or persons identified by the public agency in its notice filed pursuant to subdivision (a) or (b) of Section 21108 or Section 21152 or, if no notice is filed, the person or persons in subdivision (b) or (c) of Section 21065, as reflected in the agency’s record of proceedings for the project that is the subject of an action or proceeding brought pursuant to Section 21167, 21168, or 21168.5, and shall serve the petition or complaint on that real party in interest, by personal service, mail, facsimile, or any other method permitted by law, not later than 20 business days following service of the petition or complaint on the public agency.
(b) The public agency shall provide the petitioner or plaintiff, not later than 10 business days following service of the petition or complaint on the public agency, with a list of responsible agencies and a public agency having jurisdiction over a natural resource affected by the project.
(c) The petitioner or plaintiff shall provide the responsible agencies, and a public agency having jurisdiction over a natural resource affected by the project, with notice of the action or proceeding within 15 days of receipt of the list described in subdivision (b).
(d) Failure to name potential persons, other than those real parties in interest described in subdivision (a), is not grounds for dismissal pursuant to Section 389 of the Code of Civil Procedure.
(e) This section is not intended to affect an existing right of a party to intervene in the action.
(Amended by Stats. 2012, Ch. 162, Sec. 151. (SB 1171) Effective January 1, 2013.)
2023 California Code › Public Resources Code - PRC › DIVISION 13 - ENVIRONMENTAL QUALITY › CHAPTER 6 - Limitations › Section 21167.7.

21167.7. Every person who brings an action pursuant to Section 21167 shall comply with the requirements of Section 388 of the Code of Civil Procedure. Every such person shall also furnish pursuant to Section 388 of the Code of Civil Procedure a copy of any amended or supplemental pleading filed by such person in such action to the Attorney General. No relief, temporary or permanent, shall be granted until a copy of the pleading has been furnished to the Attorney General in accordance with such requirements.
(Amended by Stats. 2002, Ch. 664, Sec. 183.5. Effective January 1, 2003.)
2023 California Code › Public Resources Code - PRC › DIVISION 13 - ENVIRONMENTAL QUALITY › CHAPTER 6 - Limitations › Section 21167.8.

21167.8. (a) Not later than 20 days from the date of service upon a public agency of a petition or complaint brought pursuant to Section 21167, the public agency shall file with the court a notice setting forth the time and place at which all parties shall meet and attempt to settle the litigation. The meeting shall be scheduled and held not later than 45 days from the date of service of the petition or complaint upon the public agency. The notice of the settlement meeting shall be served by mail upon the counsel for each party. If the public agency does not know the identity of counsel for any party, the notice shall be served by mail upon the party for whom counsel is not known.
(b) At the time and place specified in the notice filed with the court, the parties shall meet and confer regarding anticipated issues to be raised in the litigation and shall attempt in good faith to settle the litigation and the dispute that forms the basis of the litigation. The settlement meeting discussions shall be comprehensive in nature and shall focus on the legal issues raised by the parties concerning the project that is the subject of the litigation.
(c) The settlement meeting may be continued from time to time without postponing or otherwise delaying other applicable time limits in the litigation. The settlement meeting is intended to be conducted concurrently with any judicial proceedings.
(d) If the litigation is not settled, the court, in its discretion, may, or at the request of any party, shall, schedule a further settlement conference before a judge of the superior court. If the petition or complaint is later heard on its merits, the judge hearing the matter shall not be the same judge conducting the settlement conference, except in counties that have only one judge of the superior court.
(e) The failure of any party, who was notified pursuant to subdivision (a), to participate in the litigation settlement process, without good cause, may result in an imposition of sanctions by the court.
(f) Not later than 30 days from the date that notice of certification of the record of proceedings was filed and served in accordance with Section 21167.6, the petitioner or plaintiff shall file and serve on all other parties a statement of issues that the petitioner or plaintiff intends to raise in any brief or at any hearing or trial. Not later than 10 days from the date on which the respondent or real party in interest has been served with the statement of issues from the petitioner or plaintiff, each respondent and real party in interest shall file and serve on all other parties a statement of issues which that party intends to raise in any brief or at any hearing or trial.
(Amended by Stats. 2022, Ch. 38, Sec. 2. (AB 2965) Effective January 1, 2023.)
2023 California Code › Public Resources Code - PRC › DIVISION 13 - ENVIRONMENTAL QUALITY › CHAPTER 6 - Limitations › Section 21167.9.

21167.9. Any action brought in the superior court relating to this division may be subject to a mediation proceeding conducted pursuant to Chapter 9.3 (commencing with Section 66030) of Division 1 of Title 7 of the Government Code.
(Added by Stats. 2010, Ch. 699, Sec. 36. (SB 894) Effective January 1, 2011.)
2023 California Code › Public Resources Code - PRC › DIVISION 13 - ENVIRONMENTAL QUALITY › CHAPTER 6 - Limitations › Section 21168.

21168. Any action or proceeding to attack, review, set aside, void or annul a determination, finding, or decision of a public agency, made as a result of a proceeding in which by law a hearing is required to be given, evidence is required to be taken and discretion in the determination of facts is vested in a public agency, on the grounds of noncompliance with the provisions of this division shall be in accordance with the provisions of Section 1094.5 of the Code of Civil Procedure.
In any such action, the court shall not exercise its independent judgment on the evidence but shall only determine whether the act or decision is supported by substantial evidence in the light of the whole record.
(Amended by Stats. 1976, Ch. 1312.)
2023 California Code › Public Resources Code - PRC › DIVISION 13 - ENVIRONMENTAL QUALITY › CHAPTER 6 - Limitations › Section 21168.5.

21168.5. In any action or proceeding, other than an action or proceeding under Section 21168, to attack, review, set aside, void or annul a determination, finding, or decision of a public agency on the grounds of noncompliance with this division, the inquiry shall extend only to whether there was a prejudicial abuse of discretion. Abuse of discretion is established if the agency has not proceeded in a manner required by law or if the determination or decision is not supported by substantial evidence.
(Amended by Stats. 1976, Ch. 1312.)
2023 California Code › Public Resources Code - PRC › DIVISION 13 - ENVIRONMENTAL QUALITY › CHAPTER 6 - Limitations › Section 21168.6.

21168.6. In any action or proceeding under Sections 21168 or 21168.5 against the Public Utilities Commission the writ of mandate shall lie only from the Supreme Court to such commission.
(Added by Stats. 1972, Ch. 1154.)
2023 California Code › Public Resources Code - PRC › DIVISION 13 - ENVIRONMENTAL QUALITY › CHAPTER 6 - Limitations › Section 21168.7.

21168.7. Sections 21168 and 21168.5 are declaratory of existing law with respect to the judicial review of determinations or decisions of public agencies made pursuant to this division.
(Added by Stats. 1972, Ch. 1154.)
2023 California Code › Public Resources Code - PRC › DIVISION 13 - ENVIRONMENTAL QUALITY › CHAPTER 6 - Limitations › Section 21168.9.

21168.9. (a) If a court finds, as a result of a trial, hearing, or remand from an appellate court, that any determination, finding, or decision of a public agency has been made without compliance with this division, the court shall enter an order that includes one or more of the following:
(1) A mandate that the determination, finding, or decision be voided by the public agency, in whole or in part.
(2) If the court finds that a specific project activity or activities will prejudice the consideration or implementation of particular mitigation measures or alternatives to the project, a mandate that the public agency and any real parties in interest suspend any or all specific project activity or activities, pursuant to the determination, finding, or decision, that could result in an adverse change or alteration to the physical environment, until the public agency has taken any actions that may be necessary to bring the determination, finding, or decision into compliance with this division.
(3) A mandate that the public agency take specific action as may be necessary to bring the determination, finding, or decision into compliance with this division.
(b) Any order pursuant to subdivision (a) shall include only those mandates which are necessary to achieve compliance with this division and only those specific project activities in noncompliance with this division. The order shall be made by the issuance of a peremptory writ of mandate specifying what action by the public agency is necessary to comply with this division. However, the order shall be limited to that portion of a determination, finding, or decision or the specific project activity or activities found to be in noncompliance only if a court finds that (1) the portion or specific project activity or activities are severable, (2) severance will not prejudice complete and full compliance with this division, and (3) the court has not found the remainder of the project to be in noncompliance with this division. The trial court shall retain jurisdiction over the public agency’s proceedings by way of a return to the peremptory writ until the court has determined that the public agency has complied with this division.
(c) Nothing in this section authorizes a court to direct any public agency to exercise its discretion in any particular way. Except as expressly provided in this section, nothing in this section is intended to limit the equitable powers of the court.
(Amended by Stats. 1993, Ch. 1131, Sec. 9. Effective January 1, 1994.)
2023 California Code › Public Resources Code - PRC › DIVISION 13 - ENVIRONMENTAL QUALITY › CHAPTER 6 - Limitations › Section 21169.

21169. Any project defined in subdivision (c) of Section 21065 undertaken, carried out or approved on or before the effective date of this section and the issuance by any public agency of any lease, permit, license, certificate or other entitlement for use executed or issued on or before the effective date of this section notwithstanding a failure to comply with this division, if otherwise legal and valid, is hereby confirmed, validated and declared legally effective. Any project undertaken by a person which was supported in whole or part through contracts with one or more public agencies on or before the effective date of this section, notwithstanding a failure to comply with this division, if otherwise legal and valid, is hereby confirmed, validated and declared legally effective.
(Added by Stats. 1972, Ch. 1154.)
2023 California Code › Public Resources Code - PRC › DIVISION 13 - ENVIRONMENTAL QUALITY › CHAPTER 6 - Limitations › Section 21173.

21173. If any provision of this division or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this division which can be given effect without the invalid provision or application thereof, and to this end the provisions of this division are severable.
(Added by Stats. 1972, Ch. 1154.)
2023 California Code › Public Resources Code - PRC › DIVISION 13 - ENVIRONMENTAL QUALITY › CHAPTER 6 - Limitations › Section 21174.

21174. No provision of this division is a limitation or restriction on the power or authority of any public agency in the enforcement or administration of any provision of law which it is specifically permitted or required to enforce or administer, including, but not limited to, the powers and authority granted to the California Coastal Commission pursuant to Division 20 (commencing with Section 30000). To the extent of any inconsistency or conflict between the provisions of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000)) and the provisions of this division, the provisions of Division 20 (commencing with Section 30000) shall control.
(Amended by Stats. 1991, Ch. 285, Sec. 1.)
2023 California Code › Public Resources Code - PRC › DIVISION 13 - ENVIRONMENTAL QUALITY › CHAPTER 6 - Limitations › Section 21177.

21177. (a) An action or proceeding shall not be brought pursuant to Section 21167 unless the alleged grounds for noncompliance with this division were presented to the public agency orally or in writing by any person during the public comment period provided by this division or before the close of the public hearing on the project before the issuance of the notice of determination.
(b) A person shall not maintain an action or proceeding unless that person objected to the approval of the project orally or in writing during the public comment period provided by this division or before the close of the public hearing on the project before the filing of notice of determination pursuant to Sections 21108 and 21152.
(c) This section does not preclude any organization formed after the approval of a project from maintaining an action pursuant to Section 21167 if a member of that organization has complied with subdivision (b).
(d) This section does not apply to the Attorney General.
(e) This section does not apply to any alleged grounds for noncompliance with this division for which there was no public hearing or other opportunity for members of the public to raise those objections orally or in writing before the approval of the project, or if the public agency failed to give the notice required by law.
(Amended by Stats. 2019, Ch. 466, Sec. 10. (AB 1824) Effective January 1, 2020.)
2023 California Code › Public Resources Code - PRC › DIVISION 13 - ENVIRONMENTAL QUALITY › CHAPTER 6.5 - Jobs and Economic Improvement Through Environmental Leadership Act of 2021 › Section 21178.

21178. The Legislature finds and declares all of the following:
(a) The California Environmental Quality Act (Division 13 (commencing with Section 21000)) requires that the environmental impacts of development projects be identified and mitigated.
(b) The California Environmental Quality Act also guarantees the public an opportunity to review and comment on the environmental impacts of a project and to participate meaningfully in the development of mitigation measures for potentially significant environmental impacts.
(c) There are large projects under consideration in various regions of the state that would replace old and outmoded facilities with new job-creating facilities to meet those regions’ needs while also establishing new, cutting-edge environmental benefits in those regions.
(d) These projects are privately financed or financed from revenues generated from the projects themselves and do not require taxpayer financing.
(e) These projects will further generate thousands of full-time jobs during construction and thousands of additional, permanent jobs once the projects are constructed and operating.
(f) These projects also present an unprecedented opportunity to implement nation-leading innovative measures that will significantly reduce traffic, air quality, and other significant environmental impacts, and fully mitigate the greenhouse gas emissions resulting from passenger vehicle trips attributed to the projects.
(g) These pollution reductions will be the best in the nation compared to other comparable projects in the United States.
(h) The purpose of this chapter is to provide, for a limited time, unique and unprecedented streamlining benefits under the California Environmental Quality Act for projects that provide the benefits described above to put people to work as soon as possible.
(Added by Stats. 2021, Ch. 19, Sec. 1. (SB 7) Effective May 20, 2021. Repealed as of January 1, 2034, pursuant to Section 21189.3.)
2023 California Code › Public Resources Code - PRC › DIVISION 13 - ENVIRONMENTAL QUALITY › CHAPTER 6.5 - Jobs and Economic Improvement Through Environmental Leadership Act of 2021 › Section 21181.

21181. This chapter does not apply to a project if the Governor does not certify the project as an environmental leadership development project eligible for streamlining under this chapter before January 1, 2032.
(Amended by Stats. 2023, Ch. 60, Sec. 2. (SB 149) Effective July 10, 2023. Repealed as of January 1, 2034, pursuant to Section 21189.3.)
2023 California Code › Public Resources Code - PRC › DIVISION 13 - ENVIRONMENTAL QUALITY › CHAPTER 6.5 - Jobs and Economic Improvement Through Environmental Leadership Act of 2021 › Section 21182.

21182. A person proposing to construct a leadership project may apply to the Governor for certification that the leadership project is eligible for streamlining as provided by this chapter. The person shall supply evidence and materials that the Governor deems necessary to make a decision on the application. Any evidence or materials shall be made available to the public at least 15 days before the Governor certifies a project under this chapter.
(Added by Stats. 2021, Ch. 19, Sec. 1. (SB 7) Effective May 20, 2021. Repealed as of January 1, 2034, pursuant to Section 21189.3.)