Today's Law As Amended


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SB-33 California Environmental Quality Act: judicial and administrative proceedings: limitations.(2021-2022)



As Amends the Law Today


SECTION 1.

 Section 21167 of the Public Resources Code is amended to read:

21167.
 (a)  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) (1)  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) (2)  An  Except as provided in paragraph (2) of subdivision (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) (3)  An  Except as provided in paragraph (2) of subdivision (b), 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) (4)  An  Except as provided in paragraph (2) of subdivision (b), 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) (5)  An  Except as provided in paragraph (2) of subdivision (b), 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) (b)  (1)  (A)  If a person has made a written request to the a  public agency for a copy of the a  notice specified in Section 21108 or 21152 before the date on which the public  agency approves or determines to carry out the a  project, then not no  later than five days from the date of the public  agency’s action, the public agency shall deposit a written copy of the notice  notice, including any subsequent amendments to that 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). 
(B) If the public agency offers to provide a notice specified in Section 21108 or 21152 by electronic mail, a person may ask in their written request pursuant to subparagraph (A) that the notice be provided to that person by electronic mail. If a person requests to receive a notice by electronic mail, then no later than five days from the date of the public agency’s action, the public agency shall provide to that person by electronic mail a copy of the notice, including any subsequent amendments to that notice.
(2) If a person makes a timely written request for a copy of a notice in accordance with subparagraph (A) of paragraph (1), the time periods specified in paragraphs (2), (3), (4), and (5) of subdivision (a) shall commence on the date that the public agency deposits in the mail or sends by electronic mail to that person the notice, including any subsequent amendments to that notice.

SEC. 2.

 Section 21167.2 of the Public Resources Code is amended to read:

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) paragraph (3) of subdivision (a)  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. applies. 

SEC. 3.

 Section 21167.3 of the Public Resources Code is amended to read:

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) paragraph (2)  or (c) of  (3) of subdivision (a) 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  complies with  this division and shall issue a conditional approval or disapproval of such 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. A conditional approval shall constitute permission to proceed with a project when and  only when such the  action or proceeding results in a final determination that the environmental impact report or negative declaration does comply with the provisions of  complies with  this division.
(b) In the event that an action or proceeding is commenced as described in subdivision (a) (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  complies with  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 An  approval shall constitute permission to proceed with the project at the applicant’s risk pending final determination of such action or proceeding.

SEC. 4.

 Section 21167.6.2 of the Public Resources Code, as amended by Section 381 of Chapter 615 of the Statutes of 2021, is amended to read:

21167.6.2.
 (a) (1) Notwithstanding Section 21167.6, upon the written request of a project applicant received no later than 30 days after the date that the lead agency makes a determination pursuant to subdivision (a) of Section 21080.1, Section 21094.5, or Chapter 4.2 (commencing with Section 21155) and with the consent of the lead agency as provided in subdivision (e), the lead agency shall prepare and certify the record of proceedings in the following manner:
(A) The lead agency for the project shall prepare the record of proceedings pursuant to this division concurrently with the administrative process.
(B) All documents and other materials placed in the record of proceedings shall be posted on, and be downloadable from, an internet website maintained by the lead agency commencing with the date of the release of the draft environmental document for the project. If the lead agency cannot maintain an internet website with the information required pursuant to this section, the lead agency shall provide a link on the agency’s internet website to that information.
(C) The lead agency shall make available to the public in a readily accessible electronic format the draft environmental document for the project, and all other documents submitted to, cited by, or relied on by the lead agency, in the preparation of the draft environmental document for the project.
(D) A document prepared by the lead agency or submitted by the applicant after the date of the release of the draft environmental document for the project that is a part of the record of the proceedings shall be made available to the public in a readily accessible electronic format within five business days after the document is released or received by the lead agency.
(E) The lead agency shall encourage written comments on the project to be submitted in a readily accessible electronic format, and shall make any comment available to the public in a readily accessible electronic format within five business days of its receipt.
(F) Within seven business days after the receipt of any comment that is not in an electronic format, the lead agency shall convert that comment into a readily accessible electronic format and make it available to the public in that format.
(G) The lead agency shall certify the record of proceedings within 30 days after the filing of the notice required pursuant to Section 21108 or 21152.
(2) This subdivision does not require the disclosure or posting of any trade secret as defined in Section 7924.510 of the Government Code, information about the location of archaeological sites or sacred lands, or any other information that is subject to the disclosure restrictions of any provision listed in Section 7920.505 of the Government Code.
(b) Any dispute regarding the record of proceedings prepared pursuant to this section shall be resolved by the court in an action or proceeding brought pursuant to subdivision (b) paragraph (2)  or (c) of  (3) of subdivision (a) of  Section 21167.
(c) The content of the record of proceedings shall be as specified in subdivision (e) of Section 21167.6.
(d) The negative declaration, mitigated negative declaration, draft and final environmental impact report, or other environmental document shall include a notice in no less than 12-point type stating the following:

“THIS DOCUMENT IS SUBJECT TO SECTION 21167.6.2 OF THE PUBLIC RESOURCES CODE, WHICH REQUIRES THE RECORD OF PROCEEDINGS FOR THIS PROJECT TO BE PREPARED CONCURRENTLY WITH THE ADMINISTRATIVE PROCESS; DOCUMENTS PREPARED BY, OR SUBMITTED TO, THE LEAD AGENCY TO BE POSTED ON THE LEAD AGENCY’S INTERNET WEBSITE, WEBSITE;  AND THE LEAD AGENCY TO ENCOURAGE WRITTEN COMMENTS ON THE PROJECT TO BE SUBMITTED TO THE LEAD AGENCY IN A READILY ACCESSIBLE ELECTRONIC FORMAT.”

(e) (1) The lead agency shall respond to a request by the project applicant within 10 business days from the date that the request pursuant to subdivision (a) is received by the lead agency.
(2) A project applicant and the lead agency may mutually agree, in writing, to extend the time period for the lead agency to respond pursuant to paragraph (1), but they shall not extend that period beyond the commencement of the public review period for the proposed negative declaration, mitigated negative declaration, draft environmental impact report, or other environmental document.
(3) The request to prepare a record of proceedings pursuant to this section shall be deemed denied if the lead agency fails to respond within 10 business days of receiving the request or within the time period agreed upon pursuant to paragraph (2), whichever ends later.
(f) The written request of the applicant submitted pursuant to subdivision (a) shall include an agreement to pay all of the lead agency’s costs of preparing and certifying the record of proceedings pursuant to this section and complying with the requirements of this section, in a manner specified by the lead agency.
(g) The costs of preparing the record of proceedings pursuant to this section and complying with the requirements of this section are not recoverable costs pursuant to Section 1032 of the Code of Civil Procedure.
(h) Pursuant to subdivision (f) and Section 21089, the lead agency may charge and collect a reasonable fee from the person making the request pursuant to subdivision (a) to recover the costs incurred by the lead agency in preparing the record of proceedings pursuant to this section.
SEC. 5.
 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.