Chapter 3:  State Agencies, Boards and Commissions

 

§ 21100. Environmental impact report on proposed state 

projects; significant effect; cumulative impact analysis

(a) All lead agencies shall prepare, or cause to be prepared

by contract, and certify the completion of, an environmental impact

report on any project which they propose to carry out or approve that

may have a significant effect on the environment.  Whenever

feasible, a standard format shall be used for environmental impact

reports.

(b) The environmental impact report shall include a detailed

statement setting forth all of the following:

   (1) All significant effects on the environment of the proposed

project.

   (2) In a separate section:

   (A) Any significant effect on the environment that cannot be

avoided if the project is implemented.

   (B) Any significant effect on the environment that would be

irreversible if the project is implemented.

   (3) Mitigation measures proposed to minimize significant effects

on the environment, including, but not limited to, measures to reduce

the wasteful, inefficient, and unnecessary consumption of energy.

   (4) Alternatives to the proposed project.

   (5) The growth-inducing impact of the proposed project.

(c) The report shall also contain a statement briefly indicating

the reasons for determining that various effects on the environment

of a project are not significant and consequently have not been

discussed in detail in the environmental impact report.

(d) For purposes of this section, any significant effect on the

environment shall be limited to substantial, or potentially

substantial, adverse changes in physical conditions which exist

within the area as defined in Section 21060.5.

(e) Previously approved land use documents, including, but not

limited to, general plans, specific plans, and local coastal plans,

may be used in cumulative impact analysis.

§ 21100.1. Information required in certain 

environmental impact reports

The information described in subparagraph (B) of paragraph

(2) of subdivision (b) of Section 21100 shall be required only in

environmental impact reports prepared in connection with the

following:

(a) The adoption, amendment, or enactment of a plan, policy, or

ordinance of a public agency.

(b) The adoption by a local agency formation commission of a

resolution making determinations.

(c) A project which will be subject to the requirement for

preparing an environmental impact statement pursuant to the

requirements of the National Environmental Policy Act of 1969.

§ 21100.2. Leases, permits, licenses, certificates 

and other entitlements; establishment of time limits 

for impact reports and negative declarations

(a) (1) For projects described in subdivision (c) of

Section 21065, each state agency shall establish, by resolution or

order, time limits that do not exceed the following:

   (A) One year for completing and certifying environmental impact

reports.

   (B) One hundred eighty days for completing and adopting negative

declarations.

   (2) The time limits specified in paragraph (1) shall apply only to

those circumstances in which the state agency is the lead agency for

a project.  These resolutions or orders may establish different time

limits for different types or classes of projects, but all limits

shall be measured from the date on which an application requesting

approval of the project is received and accepted as complete by the

state agency.

   (3) No application for a project may be deemed incomplete for lack

of a waiver of time periods prescribed in state regulations.

   (4) The resolutions or orders required by this section may provide

for a reasonable extension of the time period in the event that

compelling circumstances justify additional time and the project

applicant consents thereto.

(b) If a draft environmental impact report, environmental impact

report, or focused environmental impact report is prepared under a

contract to a state agency, the contract shall be executed within 45

days from the date on which the state agency sends a notice of

preparation pursuant to Section 21080.4.  The state agency may take

longer to execute the contract if the project applicant and the state

agency mutually agree to an extension of the time limit provided by

this subdivision.

§ 21101. Environmental impact report on proposed 

federal projects

In regard to any proposed federal project in this state

which may have a significant effect on the environment and on which

the state officially comments, the state officials responsible for

such comments shall include in their report a detailed statement

setting forth the matters specified in Section 21100 prior to

transmitting the comments of the state to the federal government.  No

report shall be transmitted to the federal government unless it

includes such a detailed statement as to the matters specified in

Section 21100.

§ 21102. Request for or authorization of expenditure 

of funds; statement of effect on environment

No state agency, board, or commission shall request funds,

nor shall any state agency, board, or commission which authorizes

expenditures of funds, other than funds appropriated in the Budget

Act, authorize funds for expenditure for any project, other than a

project involving only feasibility or planning studies for possible

future actions which the agency, board, or commission has not

approved, adopted or funded, which may have a significant effect on

the environment unless such request or authorization is accompanied

by an environmental impact report.

   Feasibility and planning studies exempted by this section from the

preparation of an environmental impact report shall nevertheless

include consideration of environmental factors.

§ 21104. State lead agency; consultations prior 

to completion of impact report

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

§ 21104.2. Consultation and findings; effect of 

projects on threatened or endangered species

The state lead agency shall consult with, and obtain written findings 

from, the Department of Fish and Game in preparing an environmental 

impact report on a project, as to the impact of the project on the 

continued existence of any endangered species or threatened species 

pursuant to Article 4 (commencing with Section 2090) of Chapter 1.5 

of Division 3 of the Fish and Game Code.

§ 21105. Environmental impact report and comments

as part of regular project report; availability to 

legislature and general public

The state lead agency shall include the environmental impact

report as a part of the regular project report used in the existing

review and budgetary process.  It shall be available to the

Legislature.  It shall also be available for inspection by any member

of the general public, who may secure a copy thereof by paying for

the actual cost of such a copy.  It shall be filed by the state lead

agency with the appropriate local planning agency of any city,

county, or city and county which will be affected by the project.

§ 21106. Request of funds to protect environment

All state agencies, boards, and commissions shall request in

their budgets the funds necessary to protect the environment in

relation to problems caused by their activities.

§ 21108. State agency, board or commission; approval 

of determination to carry out project; notice; contents; 

public inspection; posting

 (a) Whenever a state agency approves or determines to
carry out a project that is subject to this division, the state
agency shall file notice of that approval or that determination with
the Office of Planning and Research.  The notice shall indicate the
determination of the state agency whether the project will, or will
not, have a significant effect on the environment and shall indicate
whether an environmental impact report has been prepared pursuant to
this division.
   (b) Whenever a state agency determines that a project is not
subject to this division pursuant to subdivision (b) of Section 21080
or Section 21172, and the state agency approves or determines to
carry out the project, the state agency or the person specified in
subdivision (b) or (c) of Section 21065 may file notice of the
determination with the Office of Planning and Research.  Any notice
filed pursuant to this subdivision by a person specified in
subdivision (b) or (c) of Section 21065 shall have a certificate of
determination attached to it issued by the state agency responsible
for making the determination that the project is not subject to this
division pursuant to subdivision (b) of Section 21080 or pursuant to
Section 21172.  The certificate of determination may be in the form
of a certified copy of an existing document or record of the state
agency.
   (c) All notices filed pursuant to this section shall be available
for public inspection, and a list of these notices shall be posted on
a weekly basis in the Office of Planning and Research.  Each list
shall remain posted for a period of 30 days.  The Office of Planning
and Research shall retain each notice for not less than 12 months.