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(continued)
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 a sufficient number of copies of the draft
environmental impact report, proposed negative declaration, or
proposed mitigated negative declaration, and a copy of the report or
declaration in an electronic form as required by the guidelines
adopted pursuant to Section 21083, to the State Clearinghouse for
review and comment by state agencies, if any of the following apply:

(A) A state agency is any of the following:
(i) The lead agency.
(ii) A responsible agency.
(iii) A trustee agency.
(B) A state agency otherwise has jurisdiction by law with respect
to the project.
(C) The proposed project is of sufficient statewide, regional, or
areawide environmental significance as determined pursuant to the
guidelines certified and adopted pursuant to Section 21083.



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.



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 objectives and
criteria for the orderly evaluation of projects and the preparation
of environmental impact reports and negative declarations in a manner
consistent with this division.
(b) The guidelines shall specifically include criteria for public
agencies to follow in determining whether or not a proposed project
may have a "significant effect on the environment." The criteria
shall require a finding that a project may have a "significant effect
on the environment" if one or more of the following conditions
exist:
(1) A proposed project has the potential to degrade the quality of
the environment, curtail the range of the environment, or to achieve
short-term, to the disadvantage of long-term, environmental goals.
(2) The possible effects of a project are individually limited but
cumulatively considerable. As used in this paragraph, "cumulatively
considerable" means that the incremental effects of an individual
project are considerable when viewed in connection with the effects
of past projects, the effects of other current projects, and the
effects of probable future projects.
(3) The environmental effects of a project will cause substantial
adverse effects on human beings, either directly or indirectly.
(c) The guidelines shall include procedures for determining the
lead agency pursuant to Section 21165.
(d) The guidelines shall include criteria for public agencies to
use in determining when a proposed project is of sufficient
statewide, regional, or areawide environmental significance that a
draft environmental impact report, a proposed negative declaration,
or a proposed mitigated negative declaration shall be submitted to
appropriate state agencies, through the State Clearinghouse, for
review and comment prior to completion of the environmental impact
report, negative declaration, or mitigated negative declaration.
(e) The Office of Planning and Research shall develop and prepare
the proposed guidelines as soon as possible and shall transmit them
immediately to the Secretary of the Resources Agency. The Secretary
of the Resources Agency shall certify and adopt the guidelines
pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of
Division 3 of Title 2 of the Government Code, which shall become
effective upon the filing thereof. However, the guidelines shall not
be adopted without compliance with Sections 11346.4, 11346.5, and
11346.8 of the Government Code.
(f) The Office of Planning and Research shall, at least once
every two years, review the guidelines adopted pursuant to this
section and shall recommend proposed changes or amendments to the
Secretary of the Resources Agency. The Secretary of the Resources
Agency shall certify and adopt guidelines, and any amendments
thereto, at least once every two years, pursuant to Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code, which shall become effective upon the filing
thereof. However, guidelines may not be adopted or amended without
compliance with Sections 11346.4, 11346.5, and 11346.8 of the
Government Code.



21083.1. It is the intent of the Legislature that courts,
consistent with generally accepted rules of statutory interpretation,
shall not interpret this division or the state guidelines adopted
pursuant to Section 21083 in a manner which imposes procedural or
substantive requirements beyond those explicitly stated in this
division or in the state guidelines.



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 resources. If the lead
agency determines that the project may have a significant effect on
unique archaeological resources, the environmental impact report
shall address the issue of those resources. An environmental impact
report, if otherwise necessary, shall not address the issue of
nonunique archaeological resources. A negative declaration shall be
issued with respect to a project if, but for the issue of nonunique
archaeological resources, the negative declaration would be otherwise
issued.
(b) If it can be demonstrated that a project will cause damage to
a unique archaeological resource, the lead agency may require
reasonable efforts to be made to permit any or all of these resources
to be preserved in place or left in an undisturbed state. Examples
of that treatment, in no order of preference, may include, but are
not limited to, any of the following:
(1) Planning construction to avoid archaeological sites.
(2) Deeding archaeological sites into permanent conservation
easements.
(3) Capping or covering archaeological sites with a layer of soil
before building on the sites.
(4) Planning parks, greenspace, or other open space to incorporate
archaeological sites.
(c) To the extent that unique archaeological resources are not
preserved in place or not left in an undisturbed state, mitigation
measures shall be required as provided in this subdivision. The
project applicant shall provide a guarantee to the lead agency to pay
one-half the estimated cost of mitigating the significant effects of
the project on unique archaeological resources. In determining
payment, the lead agency shall give due consideration to the in-kind
value of project design or expenditures that are intended to permit
any or all archaeological resources or California Native American
culturally significant sites to be preserved in place or left in an
undisturbed state. When a final decision is made to carry out or
approve the project, the lead agency shall, if necessary, reduce the
specified mitigation measures to those which can be funded with the
money guaranteed by the project applicant plus the money voluntarily
guaranteed by any other person or persons for those mitigation
purposes. In order to allow time for interested persons to provide
the funding guarantee referred to in this subdivision, a final
decision to carry out or approve a project shall not occur sooner
than 60 days after completion of the recommended special
environmental impact report required by this section.
(d) Excavation as mitigation shall be restricted to those parts of
the unique archaeological resource that would be damaged or
destroyed by the project. Excavation as mitigation shall not be
required for a unique archaeological resource if the lead agency
determines that testing or studies already completed have adequately
recovered the scientifically consequential information from and about
the resource, if this determination is documented in the
environmental impact report.
(e) In no event shall the amount paid by a project applicant for
mitigation measures required pursuant to subdivision (c) exceed the
following amounts:
(1) An amount equal to one-half of 1 percent of the projected cost
of the project for mitigation measures undertaken within the site
boundaries of a commercial or industrial project.
(2) An amount equal to three-fourths of 1 percent of the projected
cost of the project for mitigation measures undertaken within the
site boundaries of a housing project consisting of a single unit.
(3) If a housing project consists of more than a single unit, an
amount equal to three-fourths of 1 percent of the projected cost of
the project for mitigation measures undertaken within the site
boundaries of the project for the first unit plus the sum of the
following:
(A) Two hundred dollars ($200) per unit for any of the next 99
units.
(B) One hundred fifty dollars ($150) per unit for any of the next
400 units.
(C) One hundred dollars ($100) per unit in excess of 500 units.
(f) Unless special or unusual circumstances warrant an exception,
the field excavation phase of an approved mitigation plan shall be
completed within 90 days after final approval necessary to implement
the physical development of the project or, if a phased project, in
connection with the phased portion to which the specific mitigation
measures are applicable. However, the project applicant may extend
that period if he or she so elects. Nothing in this section shall
nullify protections for Indian cemeteries under any other provision
of law.
(g) As used in this section, "unique archaeological resource"
means an archaeological artifact, object, or site about which it can
be clearly demonstrated that, without merely adding to the current
body of knowledge, there is a high probability that it meets any of
the following criteria:
(1) Contains information needed to answer important scientific
research questions and that there is a demonstrable public interest
in that information.
(2) Has a special and particular quality such as being the oldest
of its type or the best available example of its type.
(3) Is directly associated with a scientifically recognized
important prehistoric or historic event or person.
(h) As used in this section, "nonunique archaeological resource"
means an archaeological artifact, object, or site which does not meet
the criteria in subdivision (g). A nonunique archaeological
resource need be given no further consideration, other than the
simple recording of its existence by the lead agency if it so elects.

(i) As part of the objectives, criteria, and procedures required
by Section 21082 or as part of conditions imposed for mitigation, a
lead agency may make provisions for archaeological sites accidentally
discovered during construction. These provisions may include an
immediate evaluation of the find. If the find is determined to be a
unique archaeological resource, contingency funding and a time
allotment sufficient to allow recovering an archaeological sample or
to employ one of the avoidance measures may be required under the
provisions set forth in this section. Construction work may continue
on other parts of the building site while archaeological mitigation
takes place.
(j) This section does not apply to any project described in
subdivision (a) or (b) of Section 21065 if the lead agency elects to
comply with all other applicable provisions of this division. This
section does not apply to any project described in subdivision (c) of
Section 21065 if the applicant and the lead agency jointly elect to
comply with all other applicable provisions of this division.
(k) Any additional costs to any local agency as a result of
complying with this section with respect to a project of other than a
public agency shall be borne by the project applicant.
(l) Nothing in this section is intended to affect or modify the
requirements of Section 21084 or 21084.1.



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 density of development and an environmental
impact report was certified for that zoning or planning action, the
application of this division to the approval of any subdivision map
or other project that is consistent with the zoning or community plan
shall be limited to effects upon the environment which are peculiar
to the parcel or to the project and which were not addressed as
significant effects in the prior environmental impact report, or
which substantial new information shows will be more significant than
described in the prior environmental impact report.
(b) If a development project is consistent with the general plan
of a local agency and an environmental impact report was certified
with respect to that general plan, the application of this division
to the approval of that development project shall be limited to
effects on the environment which are peculiar to the parcel or to the
project and which were not addressed as significant effects in the
prior environmental impact report, or which substantial new
information shows will be more significant than described in the
prior environmental impact report.
(c) Nothing in this section affects any requirement to analyze
potentially significant offsite impacts and cumulative impacts of the
project not discussed in the prior environmental impact report with
respect to the general plan. However, all public agencies with
authority to mitigate the significant effects shall undertake or
require the undertaking of any feasible mitigation measures specified
in the prior environmental impact report relevant to a significant
effect which the project will have on the environment or, if not,
then the provisions of this section shall have no application to that
effect. The lead agency shall make a finding, at a public hearing,
as to whether those mitigation measures will be undertaken.
(d) An effect of a project upon the environment shall not be
considered peculiar to the parcel or to the project, for purposes of
this section, if uniformly applied development policies or standards
have been previously adopted by the city or county, with a finding
based upon substantial evidence, which need not include an
environmental impact report, that the development policies or
standards will substantially mitigate that environmental effect when
applied to future projects, unless substantial new information shows
that the policies or standards will not substantially mitigate the
environmental effect.
(e) Where a community plan is the basis for application of this
section, any rezoning action consistent with the community plan shall
be a project subject to exemption from this division in accordance
with this section. As used in this section, "community plan" means a
part of the general plan of a city or county which (1) applies to a
defined geographic portion of the total area included in the general
plan, (2) complies with Article 5 (commencing with Section 65300) of
Chapter 3 of Division 1 of Title 7 of the Government Code by
including or referencing each of the mandatory elements specified in
Section 65302 of the Government Code, and (3) contains specific
development policies adopted for the area included in the community
plan and identifies measures to implement those policies, so that the
policies which will apply to each parcel can be determined.
(f) No person shall have standing to bring an action or proceeding
to attack, review, set aside, void, or annul a finding of a public
agency made at a public hearing pursuant to subdivision (a) with
respect to the conformity of the project to the mitigation measures
identified in the prior environmental impact report for the zoning or
planning action, unless he or she has participated in that public
hearing. However, this subdivision shall not be applicable if the
local agency failed to give public notice of the hearing as required
by law. For purposes of this subdivision, a person has participated
in the public hearing if he or she has either submitted oral or
written testimony regarding the proposed determination, finding, or
decision prior to the close of the hearing.
(g) Any community plan adopted prior to January 1, 1982, which
does not comply with the definitional criteria specified in
subdivision (e) may be amended to comply with that criteria, in which
case the plan shall be deemed a "community plan" within the meaning
of subdivision (e) if (1) an environmental impact report was
certified for adoption of the plan, and (2) at the time of the
conforming amendment, the environmental impact report has not been
held inadequate by a court of this state and is not the subject of
pending litigation challenging its adequacy.




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 pursuant to regulations adopted by the State
Board of Forestry and Fire Protection pursuant to Section 4526, and
that is 5 inches or more in diameter at breast height.
(b) As part of the determination made pursuant to Section 21080.1,
a county shall determine whether a project within its jurisdiction
may result in a conversion of oak woodlands that will have a
significant effect on the environment. If a county determines that
there may be a significant effect to oak woodlands, the county shall
require one or more of the following oak woodlands mitigation
alternatives to mitigate the significant effect of the conversion of
oak woodlands:
(1) Conserve oak woodlands, through the use of conservation
easements.
(2) (A) Plant an appropriate number of trees, including
maintaining plantings and replacing dead or diseased trees.
(B) The requirement to maintain trees pursuant to this paragraph
terminates seven years after the trees are planted.
(C) Mitigation pursuant to this paragraph shall not fulfill more
than one-half of the mitigation requirement for the project.
(D) The requirements imposed pursuant to this paragraph also may
be used to restore former oak woodlands.
(3) Contribute funds to the Oak Woodlands Conservation Fund, as
established under subdivision (a) of Section 1363 of the Fish and
Game Code, for the purpose of purchasing oak woodlands conservation
easements, as specified under paragraph (1) of subdivision (d) of
that section and the guidelines and criteria of the Wildlife
Conservation Board. A project applicant that contributes funds
under this paragraph shall not receive a grant from the Oak Woodlands
Conservation Fund as part of the mitigation for the project.
(4) Other mitigation measures developed by the county.
(c) Notwithstanding subdivision (d) of Section 1363 of the Fish
and Game Code, a county may use a grant awarded pursuant to the Oak
Woodlands Conservation Act (Article 3.5 (commencing with Section
1360) of Chapter 4 of Division 2 of the Fish and Game Code) to
prepare an oak conservation element for a general plan, an oak
protection ordinance, or an oak woodlands management plan, or
amendments thereto, that meets the requirements of this section.
(d) The following are exempt from this section:
(1) Projects undertaken pursuant to an approved Natural Community
Conservation Plan or approved subarea plan within an approved Natural
Community Conservation Plan that includes oaks as a covered species
or that conserves oak habitat through natural community conservation
preserve designation and implementation and mitigation measures that
are consistent with this section.
(2) Affordable housing projects for lower income households, as
defined pursuant to Section 50079.5 of the Health and Safety Code,
that are located within an urbanized area, or within a sphere of
influence as defined pursuant to Section 56076 of the Government
Code.
(3) Conversion of oak woodlands on agricultural land that includes
land that is used to produce or process plant and animal products
for commercial purposes.
(4) Projects undertaken pursuant to Section 21080.5 of the Public
Resources Code.
(e) (1) A lead agency that adopts, and a project that
incorporates, one or more of the measures specified in this section
to mitigate the significant effects to oaks and oak woodlands shall
be deemed to be in compliance with this division only as it applies
to effects on oaks and oak woodlands.
(2) The Legislature does not intend this section to modify
requirements of this division, other than with regard to effects on
oaks and oak woodlands.
(f) This section does not preclude the application of Section
21081 to a project.
(g) This section, and the regulations adopted pursuant to this
section, shall not be construed as a limitation on the power of a
public agency to comply with this division or any other provision of
law.


21083.5. (a) The guidelines prepared and adopted pursuant to
Section 21083 shall provide that, when an environmental impact
statement has been, or will be, prepared for the same project
pursuant to the requirements of the National Environmental Policy Act
of 1969 (42 U.S.C. Sec. 4321 et seq.) and implementing regulations,
or an environmental impact report has been, or will be, prepared for
the same project pursuant to the requirements of the Tahoe Regional
Planning Compact (Section 66801 of the Government Code) and
implementing regulations, all or any part of that statement or report
may be submitted in lieu of all or any part of an environmental
impact report required by this division, if that statement or report,
or the part which is used, complies with the requirements of this
division and the guidelines adopted pursuant thereto.
(b) Notwithstanding subdivision (a), compliance with this division
may be achieved for the adoption in a city or county general plan,
without any additions or change, of all or any part of the regional
plan prepared pursuant to the Tahoe Regional Planning Compact and
implementing regulations by reviewing environmental documents
prepared by the Tahoe Regional Planning Agency addressing the plan,
providing an analysis pursuant to this division of any significant
effect on the environment not addressed in the environmental
documents, and proceeding in accordance with Section 21081. This
subdivision does not exempt a city or county from complying with the
public review and notice requirements of this division.



21083.6. In the event that a project requires both an environmental
impact report prepared pursuant to the requirements of this division
and an environmental impact statement prepared pursuant to the
requirements of the National Environmental Policy Act of 1969, an
applicant may request and the lead agency may waive the time limits
established pursuant to Section 21100.2 or 21151.5 if it finds that
additional time is required to prepare a combined environmental
impact report-environmental impact statement and that the time
required to prepare such a combined document would be shorter than
that required to prepare each document separately.




21083.7. (a) In the event that a project requires both an
environmental impact report prepared pursuant to the requirements of
this division and an environmental impact statement prepared pursuant
to the requirements of the National Environmental Policy Act of
1969, the lead agency shall, whenever possible, use the environmental
impact statement as such environmental impact report as provided in
Section 21083.5.
(b) In order to implement this section, each lead agency to which
this section is applicable shall do both of the following, as soon as
possible:
(1) Consult with the federal agency required to prepare such
environmental impact statement.
(2) Notify the federal agency required to prepare the
environmental impact statement regarding any scoping meeting for the
proposed project.



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 local government or a redevelopment agency in the
form of a general plan, general plan amendment, specific plan,
redevelopment plan, or other planning document, except that the reuse
plan shall also consist of a statement of development policies,
include a diagram or diagrams illustrating its provisions, and make
the designation required in paragraph (2). "Military base" or "base"
means a military base or reservation either closed or realigned by,
or scheduled for closure or realignment by, the federal government.
(2) The reuse plan shall designate the proposed general
distribution and general location of development intensity for
housing, business, industry, open space, recreation, natural
resources, public buildings and grounds, roads and other
transportation facilities, infrastructure, and other categories of
public and private uses of land.
(b) (1) When preparing and certifying an environmental impact
report for a reuse plan, including when utilizing an environmental
impact statement pursuant to Section 21083.5, the determination of
whether the reuse plan may have a significant effect on the
environment may be made in the context of the physical conditions
that were present at the time that the federal decision became final
for the closure or realignment of the base. The no project
alternative analyzed in the environmental impact report shall discuss
the existing conditions on the base, as they exist at the time that
the environmental impact report is prepared, as well as what could be
reasonably expected to occur in the foreseeable future if the reuse
plan were not approved, based on current plans and consistent with
available infrastructure and services.
(2) For purposes of this division, all public and private
activities taken pursuant to, or in furtherance of, a reuse plan
shall be deemed to be a single project. However, further
environmental review of any such public or private activity shall be
conducted if any of the events specified in Section 21166 have
occurred.
(c) Prior to preparing an environmental impact report for which a
lead agency chooses to utilize the provisions of this section, the
lead agency shall do all of the following:
(A) Hold a public hearing at which is discussed the federal
environmental impact statement prepared for, or in the process of
being prepared for, the closure of the military base. The discussion
shall include the significant effects on the environment examined in
the environmental impact statement, potential methods of mitigating
those effects, including feasible alternatives, and the mitigative
effects of federal, state, and local laws applicable to future
nonmilitary activities. Prior to the close of the hearing, the lead
agency may specify the baseline conditions for the reuse plan
environmental impact report prepared, or in the process of being
prepared, for the closure of the base. The lead agency may specify
particular physical conditions that it will examine in greater detail
than were examined in the environmental impact statement. Notice of
the hearing shall be given as provided in Section 21092. The
hearing may be continued from time to time.
(B) Identify pertinent responsible agencies and trustee agencies
and consult with those agencies prior to the public hearing as to the
application of their regulatory policies and permitting standards to
the proposed baseline for environmental analysis, as well as to the
reuse plan and planned future nonmilitary land uses of the base. The
affected agencies shall have not less than 30 days prior to the
public hearing to review the proposed reuse plan and to submit their
comments to the lead agency.
(C) At the close of the hearing, the lead agency shall state in
writing how the lead agency intends to integrate the baseline for
analysis with the reuse planning and environmental review process,
taking into account the adopted environmental standards of the
community, including, but not limited to, the applicable general
plan, specific plan, and redevelopment plan, and including other
applicable provisions of adopted congestion management plans, habitat
conservation or natural communities conservation plans, integrated
waste management plans, and county hazardous waste management plans.

(D) At the close of the hearing, the lead agency shall state, in
writing, the specific economic or social reasons, including, but not
limited to, new job creation, opportunities for employment of skilled
workers, availability of low- and moderate-income housing, and
economic continuity, which support the selection of the baseline.
(d) (1) Nothing in this section shall in any way limit the scope
of a review or determination of significance of the presence of
hazardous or toxic wastes, substances, or materials including, but
not limited to, contaminated soils and groundwater, nor shall the
regulation of hazardous or toxic wastes, substances, or materials be
constrained by prior levels of activity that existed at the time that
the federal agency decision to close the military base became final.

(2) This section does not apply to any project undertaken pursuant
to Chapter 6.5 (commencing with Section 25100) of, or Chapter 6.8
(commencing with Section 25300) of, Division 20 of the Health and
Safety Code, or pursuant to the Porter-Cologne Water Quality Control
Act (Division 7 (commencing with Section 13000) of the Water Code).
(3) This section may apply to any reuse plan environmental impact
report for which a notice of preparation pursuant to subdivision (a)
of Section 21092 is issued within one year from the date that the
federal record of decision was rendered for the military base closure
or realignment and reuse, or prior to January 1, 1997, whichever is
later, if the environmental impact report is completed and certified
within five years from the date that the federal record of decision
was rendered.
(e) All subsequent development at the military base shall be
subject to all applicable federal, state, or local laws, including,
but not limited to, those relating to air quality, water quality,
traffic, threatened and endangered species, noise, and hazardous or
toxic wastes, substances, or materials.



21083.9. (a) Notwithstanding Section 21080.4, 21104, or 21153, a
lead agency shall call at least one scoping meeting for either of the
following:
(1) A proposed project that may affect highways or other
facilities under the jurisdiction of the Department of Transportation
if the meeting is requested by the department. The lead agency
shall call the scoping meeting as soon as possible, but not later
than 30 days after receiving the request from the Department of
Transportation.
(2) A project of statewide, regional, or areawide significance.
(b) The lead agency shall provide notice of at least one scoping
meeting held pursuant to paragraph (2) of subdivision (a) to all of
the following:
(1) Any county or city that borders on a county or city within
which the project is located, unless otherwise designated annually by
agreement between the lead agency and the county or city.
(2) Any responsible agency.
(3) Any public agency that has jurisdiction by law with respect to
the project.
(4) Any organization or individual who has filed a written request
for the notice.
(c) For any entity, organization, or individual that is required
to be provided notice of a lead agency public meeting, the
requirement for notice of a scoping meeting pursuant to subdivision
(b) may be met by including the notice of a scoping meeting in the
public meeting notice.
(d) A scoping meeting that is held in the city or county within
which the project is located pursuant to the National Environmental
Policy Act (42 U.S.C. Sec. 4321 et seq.) and the regulations adopted
pursuant to that act shall be deemed to satisfy the requirement that
a scoping meeting be held for a project subject to paragraph (2) of
subdivision (a) if the lead agency meets the notice requirements of
subdivision (b) or subdivision (c).



21084. (a) The guidelines prepared and adopted pursuant to Section
21083 shall include a list of classes of projects which have been
determined not to have a significant effect on the environment and
which shall be exempt from this division. In adopting the
guidelines, the Secretary of the Resources Agency shall make a
finding that the listed classes of projects referred to in this
section do not have a significant effect on the environment.
(b) No project which may result in damage to scenic resources,
including, but not limited to, trees, historic buildings, rock
outcroppings, or similar resources, within a highway designated as an
official state scenic highway, pursuant to Article 2.5 (commencing
with Section 260) of Chapter 2 of Division 1 of the Streets and
Highways Code, shall be exempted from this division pursuant to
subdivision (a). This subdivision does not apply to improvements as
mitigation for a project for which a negative declaration has been
approved or an environmental impact report has been certified.
(c) No project located on a site which is included on any list
compiled pursuant to Section 65962.5 of the Government Code shall be
exempted from this division pursuant to subdivision (a).
(d) The changes made to this section by Chapter 1212 of the
Statutes of 1991 apply only to projects for which applications have
not been deemed complete on or before January 1, 1992, pursuant to
Section 65943 of the Government Code.
(e) No project that may cause a substantial adverse change in the
significance of an historical resource, as specified in Section
21084.1, shall be exempted from this division pursuant to subdivision
(a).



21084.1. A project that may cause a substantial adverse change in
the significance of an historical resource is a project that may have
a significant effect on the environment. For purposes of this
section, an historical resource is a resource listed in, or
determined to be eligible for listing in, the California Register of
Historical Resources. Historical resources included in a local
register of historical resources, as defined in subdivision (k) of
Section 5020.1, or deemed significant pursuant to criteria set forth
in subdivision (g) of Section 5024.1, are presumed to be historically
or culturally significant for purposes of this section, unless the
preponderance of the evidence demonstrates that the resource is not
historically or culturally significant. The fact that a resource is
not listed in, or determined to be eligible for listing in, the
California Register of Historical Resources, not included in a local
register of historical resources, or not deemed significant pursuant
to criteria set forth in subdivision (g) of Section 5024.1 shall not
preclude a lead agency from determining whether the resource may be
an historical resource for purposes of this section.



21085.7. (a) (1) If an environmental impact report for a project at
an airport that is owned by a city and county and that is located in
another county identifies as a proposed mitigation measure the
acquisition, enhancement, and restoration of salt ponds and the lead
agency proposes the payment of funds to one or more public agencies
to mitigate the impacts of the proposed project and the public agency
or agencies propose to use those funds to acquire, enhance, and
restore land, the lead agency shall include in the environmental
impact report on the proposed project a detailed statement of the
mitigation measure, including all of the following:
(A) An analysis of the relationship between the impacts of the
proposed project and the benefits of the proposed acquisition,
enhancement, and restoration of land that the payment of funds would
allow.
(B) An analysis of the feasibility of the proposed acquisition,
enhancement, and restoration.
(C) A discussion of the expected impacts of the proposed
acquisition, enhancement, and restoration.
(2) The detailed statement of the mitigation measure shall consist
of the following:
(A) Information in existence at the time the environmental impact
report is prepared, including the restoration goals specific to salt
ponds as identified in the San Francisco Estuary Baylands Ecosystem
Goals Report published in 1999.
(B) Information that is reasonably obtainable, including, but not
limited to, a hydrodynamic analysis of potential flood impacts, and
analyses regarding the potential for the following:
(i) Changes to the waters and tidal currents of the southern
portions of the San Francisco Bay.
(ii) Potential alterations to the San Francisco Bay floor.
(iii) Related impacts on water quality.
(3) If, at the time of the publication of the draft environmental
impact report, a restoration plan has not been adopted by a public
agency with jurisdiction to carry out the restoration project, the
lead agency for the airport project need not prepare a detailed
restoration plan or analyze the impacts of a restoration plan for the
lands proposed for acquisition, enhancement, and restoration;
however, the lead agency shall evaluate a conceptual restoration
plan, and shall fully evaluate a potentially feasible alternate
mitigation measure that does not depend on the salt ponds.
(b) If the lead agency for the airport project approves the
proposed project and approves the payment of funds for the
acquisition, enhancement, and restoration of land as a mitigation
measure, it shall make both such approvals contingent upon an
agreement between the lead agency and the public agency or agencies
wherein the public agency or agencies agree to use the funds solely
for the following purposes:
(1) The acquisition, enhancement, and restoration of the lands
identified by the lead agency in its detailed statement of the
mitigation measure.
(2) The preparation and implementation of a restoration plan that,
at a minimum, mitigates the significant impact that would be
substantially lessened or avoided by implementation of the mitigation
measure as identified in the final environmental impact report
certified by the lead agency.
(c) The agreement described in subdivision (b) shall identify a
feasible alternative mitigation measure to be implemented if the
restoration of all or a portion of the salt ponds proves to be
infeasible, as determined by the lead agency.
(d) Nothing in this section shall be interpreted to assess or
assign liability with respect to the salt ponds.
(e) Funds for the costs of mitigation shall include the costs of
the environmental reviews conducted by a state agency of the
restoration plan prepared by a state agency.
(f) This section shall only apply to the acquisition, enhancement,
and restoration of salt ponds located in the southerly portion of
the San Francisco Bay.
(g) As used in this section, "acquisition, enhancement, and
restoration" also includes acquisition, enhancement, or restoration.

(h) This section shall remain in effect only until January 1,
2008, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2008, deletes or extends
that date.


21086. (a) A public agency may, at any time, request the addition
or deletion of a class of projects, to the list designated pursuant
to Section 21084. That request shall be made in writing to the
Office of Planning and Research and shall include information
supporting the public agency's position that the class of projects
does, or does not, have a significant effect on the environment.
(b) The Office of Planning and Research shall review each request
and, as soon as possible, shall submit its recommendation to the
Secretary of the Resources Agency. Following the receipt of that
recommendation, the Secretary of the Resources Agency may add or
delete the class of projects to the list of classes of projects
designated pursuant to Section 21084 that are exempt from the
requirements of this division.
(c) The addition or deletion of a class of projects, as provided
in this section, to the list specified in Section 21084 shall
constitute an amendment to the guidelines adopted pursuant to Section
21083 and shall be adopted in the manner prescribed in Sections
21083 and 21084.


21088. The Secretary of the Resources Agency shall provide for the
timely distribution to all public agencies of the guidelines and any
amendments or changes thereto. In addition, the Secretary of the
Resources Agency may provide for publication of a bulletin to provide
public notice of the guidelines, or any amendments or changes
thereto, and of the completion of environmental impact reports
prepared in compliance with this division.



21089. (a) A lead agency may charge and collect a reasonable fee
from any person proposing a project subject to this division in order
to recover the estimated costs incurred by the lead agency in
preparing a negative declaration or an environmental impact report
for the project and for procedures necessary to comply with this
division on the project. Litigation expenses, costs, and fees
incurred in actions alleging noncompliance with this division under
Section 21167 are not recoverable under this section.
(b) The Department of Fish and Game may charge and collect filing
fees, as provided in Section 711.4 of the Fish and Game Code.
Notwithstanding Section 21080.1, a finding required under Section
21081, or any project approved under a certified regulatory program
authorized pursuant to Section 21080.5 is not operative, vested, or
final until the filing fees required pursuant to Section 711.4 of the
Fish and Game Code are paid.


21090. (a) An environmental impact report for a redevelopment plan
may be a master environmental impact report, program environmental
impact report, or a project environmental impact report. Any
environmental impact report for a redevelopment plan shall specify
the type of environmental impact report that is prepared for the
redevelopment plan.
(b) If the environmental impact report for a redevelopment plan is
a project environmental impact report, all public and private
activities or undertakings pursuant to, or in furtherance of, a
redevelopment plan shall be deemed to be a single project. However,
further environmental review of any public or private activity or
undertaking pursuant to, or in furtherance of, a redevelopment plan
for which a project environmental impact report has been certified
shall be conducted if any of the events specified in Section 21166
have occurred.



21090.1. For all purposes of this division, a geothermal
exploratory project shall be deemed to be separate and distinct from
any subsequent geothermal field development project as defined in
Section 65928.5 of the Government Code.


21091. (a) The public review period for a draft environmental
impact report may not be less than 30 days. If the draft
environmental impact report is submitted to the State Clearinghouse
for review, the review period shall be at least 45 days, and the lead
agency shall provide a sufficient number of copies of the document
to the State Clearinghouse for review and comment by state agencies.

(b) The public review period for a proposed negative declaration
or proposed mitigated negative declaration may not be less than 20
days. If the proposed negative declaration or proposed mitigated
negative declaration is submitted to the State Clearinghouse for
review, the review period shall be at least 30 days, and the lead
agency shall provide a sufficient number of copies of the document to
the State Clearinghouse for review and comment by state agencies.
(c) (1) Notwithstanding subdivisions (a) and (b), if a draft
environmental impact report, proposed negative declaration, or
proposed mitigated negative declaration is submitted to the State
Clearinghouse for review and the period of review by the State
Clearinghouse is longer than the public review period established
pursuant to subdivision (a) or (b), whichever is applicable, the
public review period shall be at least as long as the period of
review and comment by state agencies as established by the State
Clearinghouse.
(2) The public review period and the state agency review period
may, but are not required to, begin and end at the same time. Day one
of the state agency review period shall be the date that the State
Clearinghouse distributes the document to state agencies.
(3) If the submittal of a CEQA document is determined by the State
Clearinghouse to be complete, the State Clearinghouse shall
distribute the document within three working days from the date of
receipt. The State Clearinghouse shall specify the information that
will be required in order to determine the completeness of the
submittal of a CEQA document.
(d) (1) The lead agency shall consider comments it receives on a
draft environmental impact report, proposed negative declaration, or
proposed mitigated negative declaration if those comments are
received within the public review period.
(2) (A) With respect to the consideration of comments received on
a draft environmental impact report, the lead agency shall evaluate
comments on environmental issues that are received from persons who
have reviewed the draft and shall prepare a written response pursuant
to subparagraph (B). The lead agency may also respond to comments
that are received after the close of the public review period.
(B) The written response shall describe the disposition of each
significant environmental issue that is raised by commenters. The
responses shall be prepared consistent with Section 15088 of Title 14
of the California Code of Regulations, as those regulations existed
on June 1, 1993.
(3) (A) With respect to the consideration of comments received on
a draft environmental impact report, proposed negative declaration,
proposed mitigated negative declaration, or notice pursuant to
Section 21080.4, the lead agency shall accept comments via e-mail and
shall treat e-mail comments as equivalent to written comments.
(B) Any law or regulation relating to written comments received on
a draft environmental impact report, proposed negative declaration,
proposed mitigated negative declaration, or notice received pursuant
to Section 21080.4, shall also apply to e-mail comments received for
those reasons.
(e) (1) Criteria for shorter review periods by the State
Clearinghouse for documents that must be submitted to the State
Clearinghouse shall be set forth in the written guidelines issued by
the Office of Planning and Research and made available to the public.

(2) Those shortened review periods may not be less than 30 days
for a draft environmental impact report and 20 days for a negative
declaration.
(3) A request for a shortened review period shall only be made in
writing by the decisionmaking body of the lead agency to the Office
of Planning and Research. The decisionmaking body may designate by
resolution or ordinance a person authorized to request a shortened
review period. A designated person shall notify the decisionmaking
body of this request.
(4) A request approved by the State Clearinghouse shall be
consistent with the criteria set forth in the written guidelines of
the Office of Planning and Research.
(5) A shortened review period may not be approved by the Office of
Planning and Research for a proposed project of statewide, regional,
or areawide environmental significance as determined pursuant to
Section 21083.
(6) An approval of a shortened review period shall be given prior
to, and reflected in, the public notice required pursuant to Section
21092.
(f) Prior to carrying out or approving a project for which a
negative declaration has been adopted, the lead agency shall consider
the negative declaration together with comments that were received
and considered pursuant to paragraph (1) of subdivision (d).



21091.5. Notwithstanding subdivision (a) of Section 21091, or any
other provision of this division, the public review period for a
draft environmental impact report prepared for a proposed project
involving the expansion or enlargement of a publicly owned airport
requiring the acquisition of any tide and submerged lands or other
lands subject to the public trust for commerce, navigation, or
fisheries, or any interest therein, shall be not less than 120 days.



21092. (a) Any 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 shall provide public
notice of that fact within a reasonable period of time prior to (continued)