California Public Resources Code CHAPTER 2.6 - General

  • Section 21080.
    (a) Except as otherwise provided in this division, this division shall apply to discretionary projects proposed to be carried out or approved by public agencies, including,...
  • Section 21080.01.
    This division shall not apply to any activity or approval necessary for the reopening and operation of the California Men’s Colony West Facility in San...
  • Section 21080.02.
    This division shall not apply to any activity or approval necessary for or incidental to planning, design, site acquisition, construction, operation, or maintenance of the...
  • Section 21080.03.
    This division shall not apply to any activity or approval necessary for or incidental to the location, development, construction, operation, or maintenance of the prison...
  • Section 21080.04.
    (a) Notwithstanding paragraph (10) of subdivision (b) of Section 21080, this division applies to a project for the institution of passenger rail service on a line...
  • Section 21080.05.
    This division does not apply to a project by a public agency to lease or purchase the rail right-of-way used for the San Francisco Peninsula...
  • Section 21080.07.
    This division shall not apply to any activity or approval necessary for or incidental to planning, design, site acquisition, construction, operation, or maintenance of the...
  • Section 21080.09.
    (a) For purposes of this section, the following definitions apply: (1) “Public higher education” has the same meaning as specified in Section 66010 of the Education Code.(2) “Long...
  • Section 21080.1.
    (a) The lead agency shall be responsible for determining whether an environmental impact report, a negative declaration, or a mitigated negative declaration shall be required for...
  • Section 21080.2.
    In the case of a project described in subdivision (c) of Section 21065, the determination required by Section 21080.1 shall be made within 30 days...
  • Section 21080.3.
    (a) Prior to determining whether a negative declaration or environmental impact report is required for a project, the lead agency shall consult with all responsible agencies...
  • Section 21080.3.1.
    (a) The Legislature finds and declares that California Native American tribes traditionally and culturally affiliated with a geographic area may have expertise concerning their tribal cultural...
  • Section 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...
  • Section 21080.4.
    (a) If a lead agency determines that an environmental impact report is required for a project, the lead agency shall immediately send notice of that determination...
  • Section 21080.5.
    (a) Except as provided in Section 21158.1, when the regulatory program of a state agency requires a plan or other written documentation containing environmental information and...
  • Section 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...
  • Section 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...
  • Section 21080.10.a.
    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...
  • Section 21080.11.
    This division shall not apply to settlements of title and boundary problems by the State Lands Commission and to exchanges or leases in connection with...
  • Section 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...
  • Section 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 the commission’s authority...
  • Section 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...
  • Section 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...
  • Section 21080.19.
    This division does not apply to a project for restriping of streets or highways to relieve traffic congestion.(Added by Stats. 1984, Ch. 750, Sec. 1.)
  • Section 21080.20.a.
    (a) This division does not apply to a bicycle transportation plan prepared pursuant to Section 891.2 of the Streets and Highways Code for an urbanized area...
  • Section 21080.20.5.
    (a) This division does not apply to a project that consists of the restriping of streets and highways for bicycle lanes in an urbanized area that...
  • Section 21080.21.
    (a) 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...
  • Section 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,...
  • Section 21080.23.
    (a) This division does not apply to any project which consists of the inspection, maintenance, repair, restoration, reconditioning, relocation, replacement, or removal of an existing pipeline,...
  • Section 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...
  • Section 21080.25.
    (a) For purposes of this section, the following definitions shall apply:(1) “Antenna support structures” means lattice towers, monopoles, and roof-mounts.(2) “Authority” means the Los Angeles Regional Interoperable Communication...
  • Section 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...
  • Section 21080.29.
    (a) A project located in Los Angeles County that is approved by a public agency before the effective date of the act adding this section is...
  • Section 21080.30.a.
    (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...
  • Section 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...
  • Section 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...
  • Section 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...
  • Section 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...
  • Section 21080.37.
    (a) This division does not apply to a project or an activity to repair, maintain, or make minor alterations to an existing roadway if all of...
  • Section 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...
  • Section 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...
  • Section 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...
  • Section 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...
  • Section 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...
  • Section 21081.6.
    (a) When making the findings required by paragraph (1) of subdivision (a) of Section 21081 or when adopting a mitigated negative declaration pursuant to paragraph (2)...
  • Section 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...
  • Section 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...
  • Section 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...
  • Section 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...
  • Section 21082.3.
    (a) Any mitigation measures agreed upon in the consultation conducted pursuant to Section 21080.3.2 shall be recommended for inclusion in the environmental document and in an...
  • Section 21083.
    (a) The Office of Planning and Research shall prepare and develop proposed guidelines for the implementation of this division by public agencies. The guidelines shall include...
  • Section 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...
  • Section 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...
  • Section 21083.09.
    On or before July 1, 2016, the Office of Planning and Research shall prepare and develop, and the Secretary of the Natural Resources Agency shall...
  • Section 21083.1.
    It is the intent of the Legislature that courts, consistent with generally accepted rules of statutory interpretation, shall not interpret this division or the state...
  • Section 21083.2.
    (a) As part of the determination made pursuant to Section 21080.1, the lead agency shall determine whether the project may have a significant effect on archaeological...
  • Section 21083.3.
    (a) If a parcel has been zoned to accommodate a particular density of development or has been designated in a community plan to accommodate a particular...
  • Section 21083.4.
    (a) For purposes of this section, “oak” means a native tree species in the genus Quercus, not designated as Group A or Group B commercial species...
  • Section 21083.5.
    (a) The guidelines prepared and adopted pursuant to Section 21083 shall provide that, when an environmental impact statement has been, or will be, prepared for the...
  • Section 21083.6.
    In the event that a project requires both an environmental impact report prepared pursuant to the requirements of this division and an environmental impact statement...
  • Section 21083.7.
    (a) In the event that a project requires both an environmental impact report prepared pursuant to the requirements of this division and an environmental impact statement...
  • Section 21083.8.1.
    (a) (1) For purposes of this section, “reuse plan” for a military base means an initial plan for the reuse of a military base adopted by a...
  • Section 21083.9.
    (a) Notwithstanding Section 21080.4, 21104, or 21153, a lead agency shall call at least one scoping meeting for either of the following:(1) A proposed project that may...
  • Section 21084.
    (a) The guidelines prepared and adopted pursuant to Section 21083 shall include a list of classes of projects that have been determined not to have a...
  • Section 21084.1.
    A project that may cause a substantial adverse change in the significance of an historical resource is a project that may have a significant effect...
  • Section 21084.2.
    A project with an effect that may cause a substantial adverse change in the significance of a tribal cultural resource is a project that may...
  • Section 21084.3.
    (a) Public agencies shall, when feasible, avoid damaging effects to any tribal cultural resource.(b) If the lead agency determines that a project may cause a substantial adverse...
  • Section 21086.
    (a) A public agency may, at any time, request the addition or deletion of a class of projects, to the list designated pursuant to Section 21084....
  • Section 21088.
    The Secretary of the Resources Agency shall provide for the timely distribution to all public agencies of the guidelines and any amendments or changes thereto....
  • Section 21089.
    (a) A lead agency may charge and collect a reasonable fee from a person proposing a project subject to this division in order to recover the...
  • Section 21090.
    (a) An environmental impact report for a redevelopment plan may be a master environmental impact report, program environmental impact report, or a project environmental impact report....
  • Section 21090.1.
    For all purposes of this division, a geothermal exploratory project shall be deemed to be separate and distinct from any subsequent geothermal field development project...
  • Section 21091.
    (a) The public review period for a draft environmental impact report shall not be less than 30 days. If the draft environmental impact report is submitted...
  • Section 21091.5.
    Notwithstanding subdivision (a) of Section 21091, or any other provision of this division, the public review period for a draft environmental impact report prepared for...
  • Section 21092.
    (a) A lead agency that is preparing an environmental impact report or a negative declaration or making a determination pursuant to subdivision (c) of Section 21157.1...
  • Section 21092.1.
    When significant new information is added to an environmental impact report after notice has been given pursuant to Section 21092 and consultation has occurred pursuant...
  • Section 21092.2.
    (a) The notices required pursuant to Sections 21080.4, 21083.9, 21092, 21108, 21152, and 21161 shall be mailed to every person who has filed a written request...
  • Section 21092.3.
    The notices required pursuant to Sections 21080.4 and 21092 for an environmental impact report shall be posted in the office of the county clerk of...
  • Section 21092.4.
    (a) For a project of statewide, regional, or areawide significance, the lead agency shall consult with transportation planning agencies and public agencies that have transportation facilities...
  • Section 21092.5.
    (a) At least 10 days prior to certifying an environmental impact report, the lead agency shall provide a written proposed response to a public agency on...
  • Section 21092.6.
    (a) The lead agency shall consult the lists compiled pursuant to Section 65962.5 of the Government Code to determine whether the project and any alternatives are...
  • Section 21093.
    (a) The Legislature finds and declares that tiering of environmental impact reports will promote construction of needed housing and other development projects by (1) streamlining regulatory...
  • Section 21094.
    (a) Where a prior environmental impact report has been prepared and certified for a program, plan, policy, or ordinance, the lead agency for a later project...
  • Section 21094.5.
    (a) (1) If an environmental impact report was certified for a planning level decision of a city or county, the application of this division to the approval...
  • Section 21094.5.5.
    (a) On or before July 1, 2012, the Office of Planning and Research shall prepare, develop, and transmit to the Natural Resources Agency for certification and...
  • Section 21095.
    (a) The Resources Agency, in consultation with the Office of Planning and Research, shall develop an amendment to Appendix G of the state guidelines, for adoption...
  • Section 21096.
    (a) If a lead agency prepares an environmental impact report for a project situated within airport land use compatibility plan boundaries, or, if an airport land...
  • Section 21098.
    (a) For the purposes of this section, the following terms have the following meanings:(1) “Low-level flight path” includes any flight path for any aircraft owned, maintained, or...

Last modified: October 22, 2018