Amended  IN  Assembly  July 12, 2023
Amended  IN  Assembly  June 22, 2023
Amended  IN  Senate  May 18, 2023
Amended  IN  Senate  March 16, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill
No. 69

Introduced by Senator Cortese
(Coauthor: Assembly Member Boerner)

January 05, 2023

An act to amend Section 21152 of the Public Resources Code, relating to environmental quality.


LEGISLATIVE COUNSEL'S DIGEST


SB 69, as amended, Cortese. California Environmental Quality Act: local agencies: filing of notices of determination or exemption.
The California Environmental Quality Act (CEQA) requires, among other things, a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect.
CEQA requires a local agency that approves or determines to carry out a project subject to CEQA to file a notice of determination with the county clerk of each county in which the project will be located, as provided. CEQA authorizes a local agency that determines that a project is not subject to CEQA to file a notice of exemption with the county clerk of each county in which the project will be located, as provided. CEQA requires the county clerk to make the notice available for public inspection and post the notice within 24 hours of receipt in the office or on the internet website of the county clerk, as specified.
CEQA requires an action or proceeding challenging an act or decision of a public agency, including a local agency, on the grounds of noncompliance with CEQA to be commenced within certain time periods, as specified.
This bill would require a local agency to file a notice of determination with the State Clearinghouse in the Office of Planning and Research in addition to the county clerk of each county in which the project will be located. The bill would authorize a local agency to file a notice of exemption with the State Clearinghouse in the Office of Planning and Research in addition to the county clerk of each county in which the project will be located. The bill would require the notice, including any subsequent or amended notice, to be posted both in the office and on the internet website of the county clerk and by the Office of Planning and Research on the State Clearinghouse internet website within 24 hours of receipt. The bill would specify that the posting of the notice by the Office of Planning and Research would not affect the applicable time periods to challenge an act or decision of a local agency, as described above. By imposing duties on local agencies, the bill would create a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 It is the intent of the Legislature that, for purposes of Section 21167 of the Public Resources Code, a notice required by subdivision (a) of Section 21152 of the Public Resources Code or a notice authorized by subdivision (b) of Section 21152 of the Public Resources Code is not considered filed unless, filed, and the applicable limitations periods under subdivisions (b), (c), (d), and (e) of Section 21167 of the Public Resources Code do not commence until, commence when, the local agency complies with all the requirements relating to the filing and content of the notice, as specified in subdivisions (a) and in subdivision (a) or (b) of Section 21152 of the Public Resources Code. Code, as appropriate.

SEC. 2.

 Section 21152 of the Public Resources Code is amended to read:

21152.
 (a) If a local agency approves or determines to carry out a project that is subject to this division, the local agency shall file a notice of determination within five working days after the approval or determination becomes final, with the county clerk of each county in which the project will be located and with the State Clearinghouse in the Office of Planning and Research. The notice shall identify the person or persons in subdivision (b) or (c) of Section 21065, as reflected in the agency’s record of proceedings, and indicate the determination of the local 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. The notice shall also include certification that the final environmental impact report, if one was prepared, together with comments and responses, is available to the general public.
(b) If a local agency determines that a project is not subject to this division pursuant to subdivision (b) of Section 21080, and the local agency approves or determines to carry out the project, the local agency or the person specified in subdivision (b) or (c) of Section 21065 may file a notice of exemption with the county clerk of each county in which the project will be located and with the State Clearinghouse in the Office of Planning and Research. A notice filed pursuant to this subdivision shall identify the person or persons in subdivision (b) or (c) of Section 21065, as reflected in the agency’s record of proceedings. A 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 local agency responsible for making the determination that the project is not subject to this division pursuant to subdivision (b) of Section 21080. The certificate of determination may be in the form of a certified copy of an existing document or record of the local agency.
(c) (1) A notice filed pursuant to this section, including any subsequent or amended notice, shall be available for public inspection, and shall be posted within 24 hours of receipt in the office and on the internet website of the county clerk. A notice shall remain posted for a period of 30 days. Thereafter, the clerk shall return the notice to the local agency with a notation of the period it was posted. The local agency shall retain the notice for not less than 12 months.
(2) A notice filed pursuant to this section, including any subsequent or amended notice, shall be posted by the Office of Planning and Research within 24 hours of receipt on the State Clearinghouse internet website. A notice shall remain posted for a period of 30 days. Provided that notices have been filed in accordance with subdivision (a) or (b), as applicable, nothing in this paragraph shall affect the time limitations contained in Section 21167.
(d) A notice filed by a local agency pursuant to this section shall be filed electronically with the State Clearinghouse in the Office of Planning and Research and with the county clerk if that option is offered by the county clerk.

SEC. 3.

 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.