Amended IN Senate March 16, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 69Introduced by Senator CorteseJanuary 05, 2023 An act to amend Sections 21152, 21167, 21167.2, 21167.3, and 21167.6.2 of the Public Resources Code, relating to environmental quality. LEGISLATIVE COUNSEL'S DIGESTSB 69, as amended, Cortese. California Environmental Quality Act: judicial and administrative proceedings: limitations.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 state agency or a local agency that approves or determines to carry out a project subject to CEQA to file a notice of determination with the Office of Planning and Research or the county clerk of each county in which the project will be located, as provided. CEQA authorizes a state agency or a local agency that determines that a project is not subject to CEQA to file a notice of exemption with the office or 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. If a person has made a written request to a public agency for a copy of a notice of determination or notice of exemption for a project before the date on which the public agency approves or determines to carry out the project, CEQA requires the public agency, no later than 5 days from the date of the public agencys action, to deposit a copy of the written notice addressed to that person in the United States mail, first-class postage prepaid. CEQA provides that the date upon which the notice is mailed does not affect the limitations periods applicable to specified actions or proceedings to attack, review, set aside, void, or annul specified acts or decisions of a public agency on the grounds of noncompliance with CEQA.The bill would require a the county clerk to post the notice both in the office and on the internet website of the county clerk within 24 hours of receipt. The bill would require a public agency to provide both the notice and any subsequent amended, corrected, or revised notice, as specified, in response to a written request for the notice, regardless of the delivery method. By requiring a local agency to provide a copy of any subsequent amended, corrected, or revised notice, along with the notice, the bill would impose a state-mandated local program. The bill would toll, except as provided, the limitations periods applicable to specified actions or proceedings to attack, review, set aside, void, or annul specified acts or decisions of a public agency until the date on which the public agency deposits in the mail or sends by email to the requestor a copy of the notice, including any subsequent amended, corrected, or revised notice, or the date on which the public agency submits the notice to a specified state entity, as described. The bill would also require the public agency to submit the notice of determination or notice of exemption for all projects to a specified state entity within 5 days of its action on the project. By imposing duties on local agencies, the bill would create a state-mandated local program.This bill would make conforming and nonsubstantive changes to other CEQA provisions.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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. 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. The notice shall identify the person or persons in subdivision (b) or (c) of Section 21065, as reflected in the agencys 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. 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 agencys 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) A notice filed pursuant to this section shall be available for public inspection, and shall be posted within 24 hours of receipt in the office or 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.(d) A notice filed by a local agency pursuant to this section shall be filed electronically with the county clerk if that option is offered by the county clerk.SECTION 1.SEC. 2. Section 21167 of the Public Resources Code, as amended by Section 1 of Chapter 38 of the Statutes of 2022, 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:(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 agencys 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.(2) 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.(3) 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.(4) 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 agencys 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.(5) 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.(b) (1) (A) If a person has made a written request to a public agency for a copy of a notice specified in Section 21108 or 21152 after the agency notices the project for the public hearing, if any, and before the date on which the public agency approves or determines to carry out a project, then no later than five days from the date of the public agencys action, the public agency shall deposit a written copy of the notice, including any subsequent amended, corrected, or revised notices, addressed to that person in the United States mail, first-class postage prepaid. If the public agency files an amended, corrected, or revised notice more than five days after its action on the project, then within five days of that filing, the agency shall deposit a written copy of the notice addressed to the person making a written request in the United States mail, first-class postage prepaid.(B) If the public agency offers to provide a notice specified in Section 21108 or 21152 by email, a person may ask in their written request pursuant to subparagraph (A) that the notice be provided to that person by email. If a person requests, within the timeframe specified in subparagraph (A), to receive a notice by email, then no later than five days from the date of the public agencys action, the public agency shall provide to that person by email a copy of the notice, including any subsequent amended, corrected, or revised notice. If the public agency files an amended, corrected, or revised notice more than five days after its action on the project, then within five days of that filing, the agency shall provide to the requesting person by email a copy of the notice.(2) If a person makes a timely written request for a copy of a notice in accordance with subparagraph (A) or (B) of paragraph (1), and the public agency fails to timely provide the notice to that person pursuant to the relevant subparagraph, then the time periods specified in paragraphs (2), (3), (4), and (5) of subdivision (a) shall commence on the earlier of the following:(A) The date that the public agency provides notice in the manner set forth in subparagraph (A) or (B) of paragraph (1), including any subsequent amended, corrected, or revised notice. This paragraph does not affect the time periods set forth in paragraph (1) of subdivision (a).(B) The date on which the public agency submits to the State Clearinghouse the notice.(3) Notwithstanding paragraph (2), an action or proceeding described in subdivision (a) shall be commenced no later than 180 days from the date of the public agencys 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.(4) The extension of the commencement of the time periods set forth in subdivision (a) by the actions set forth in paragraph (2) shall apply only to the person requesting a copy of the notice in accordance with subparagraph (A) or (B) of paragraph (1) who is not timely sent a copy of the notice.(5) The public agency shall submit the notice of determination or notice of exemption for all projects to the State Clearinghouse within five days of its action on the project.SEC. 2.SEC. 3. 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 this division is commenced during the period prescribed in paragraph (3) of subdivision (a) of Section 21167, the environmental impact report shall be conclusively presumed to comply with this division for purposes of its use by responsible agencies, unless Section 21166 applies.SEC. 3.SEC. 4. 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 this division is commenced during the period described in paragraph (2) or (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 compliance, responsible agencies shall assume that the environmental impact report or the negative declaration for the project complies with this division and shall issue a conditional approval or disapproval of 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 only when the action or proceeding results in a final determination that the environmental impact report or negative declaration complies with this division.(b) In the event that an action or proceeding is commenced as described in subdivision (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 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. An approval shall constitute permission to proceed with the project at the applicants risk pending final determination of the action or proceeding.SEC. 4.SEC. 5. Section 21167.6.2 of the Public Resources Code, as amended by Section 381 of Chapter 615 of the Statutes of 2021, Code 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 agencys 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 paragraph (2) or (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 AGENCYS INTERNET 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 agencys 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.SEC. 6. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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.
Amended IN Senate March 16, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 69Introduced by Senator CorteseJanuary 05, 2023 An act to amend Sections 21152, 21167, 21167.2, 21167.3, and 21167.6.2 of the Public Resources Code, relating to environmental quality. LEGISLATIVE COUNSEL'S DIGESTSB 69, as amended, Cortese. California Environmental Quality Act: judicial and administrative proceedings: limitations.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 state agency or a local agency that approves or determines to carry out a project subject to CEQA to file a notice of determination with the Office of Planning and Research or the county clerk of each county in which the project will be located, as provided. CEQA authorizes a state agency or a local agency that determines that a project is not subject to CEQA to file a notice of exemption with the office or 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. If a person has made a written request to a public agency for a copy of a notice of determination or notice of exemption for a project before the date on which the public agency approves or determines to carry out the project, CEQA requires the public agency, no later than 5 days from the date of the public agencys action, to deposit a copy of the written notice addressed to that person in the United States mail, first-class postage prepaid. CEQA provides that the date upon which the notice is mailed does not affect the limitations periods applicable to specified actions or proceedings to attack, review, set aside, void, or annul specified acts or decisions of a public agency on the grounds of noncompliance with CEQA.The bill would require a the county clerk to post the notice both in the office and on the internet website of the county clerk within 24 hours of receipt. The bill would require a public agency to provide both the notice and any subsequent amended, corrected, or revised notice, as specified, in response to a written request for the notice, regardless of the delivery method. By requiring a local agency to provide a copy of any subsequent amended, corrected, or revised notice, along with the notice, the bill would impose a state-mandated local program. The bill would toll, except as provided, the limitations periods applicable to specified actions or proceedings to attack, review, set aside, void, or annul specified acts or decisions of a public agency until the date on which the public agency deposits in the mail or sends by email to the requestor a copy of the notice, including any subsequent amended, corrected, or revised notice, or the date on which the public agency submits the notice to a specified state entity, as described. The bill would also require the public agency to submit the notice of determination or notice of exemption for all projects to a specified state entity within 5 days of its action on the project. By imposing duties on local agencies, the bill would create a state-mandated local program.This bill would make conforming and nonsubstantive changes to other CEQA provisions.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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
Amended IN Senate March 16, 2023
Amended IN Senate March 16, 2023
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
Senate Bill
No. 69
Introduced by Senator CorteseJanuary 05, 2023
Introduced by Senator Cortese
January 05, 2023
An act to amend Sections 21152, 21167, 21167.2, 21167.3, and 21167.6.2 of the Public Resources Code, relating to environmental quality.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 69, as amended, Cortese. California Environmental Quality Act: judicial and administrative proceedings: limitations.
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 state agency or a local agency that approves or determines to carry out a project subject to CEQA to file a notice of determination with the Office of Planning and Research or the county clerk of each county in which the project will be located, as provided. CEQA authorizes a state agency or a local agency that determines that a project is not subject to CEQA to file a notice of exemption with the office or 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. If a person has made a written request to a public agency for a copy of a notice of determination or notice of exemption for a project before the date on which the public agency approves or determines to carry out the project, CEQA requires the public agency, no later than 5 days from the date of the public agencys action, to deposit a copy of the written notice addressed to that person in the United States mail, first-class postage prepaid. CEQA provides that the date upon which the notice is mailed does not affect the limitations periods applicable to specified actions or proceedings to attack, review, set aside, void, or annul specified acts or decisions of a public agency on the grounds of noncompliance with CEQA.The bill would require a the county clerk to post the notice both in the office and on the internet website of the county clerk within 24 hours of receipt. The bill would require a public agency to provide both the notice and any subsequent amended, corrected, or revised notice, as specified, in response to a written request for the notice, regardless of the delivery method. By requiring a local agency to provide a copy of any subsequent amended, corrected, or revised notice, along with the notice, the bill would impose a state-mandated local program. The bill would toll, except as provided, the limitations periods applicable to specified actions or proceedings to attack, review, set aside, void, or annul specified acts or decisions of a public agency until the date on which the public agency deposits in the mail or sends by email to the requestor a copy of the notice, including any subsequent amended, corrected, or revised notice, or the date on which the public agency submits the notice to a specified state entity, as described. The bill would also require the public agency to submit the notice of determination or notice of exemption for all projects to a specified state entity within 5 days of its action on the project. By imposing duties on local agencies, the bill would create a state-mandated local program.This bill would make conforming and nonsubstantive changes to other CEQA provisions.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.
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 state agency or a local agency that approves or determines to carry out a project subject to CEQA to file a notice of determination with the Office of Planning and Research or the county clerk of each county in which the project will be located, as provided. CEQA authorizes a state agency or a local agency that determines that a project is not subject to CEQA to file a notice of exemption with the office or 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. If a person has made a written request to a public agency for a copy of a notice of determination or notice of exemption for a project before the date on which the public agency approves or determines to carry out the project, CEQA requires the public agency, no later than 5 days from the date of the public agencys action, to deposit a copy of the written notice addressed to that person in the United States mail, first-class postage prepaid. CEQA provides that the date upon which the notice is mailed does not affect the limitations periods applicable to specified actions or proceedings to attack, review, set aside, void, or annul specified acts or decisions of a public agency on the grounds of noncompliance with CEQA.
The bill would require a the county clerk to post the notice both in the office and on the internet website of the county clerk within 24 hours of receipt. The bill would require a public agency to provide both the notice and any subsequent amended, corrected, or revised notice, as specified, in response to a written request for the notice, regardless of the delivery method. By requiring a local agency to provide a copy of any subsequent amended, corrected, or revised notice, along with the notice, the bill would impose a state-mandated local program. The bill would toll, except as provided, the limitations periods applicable to specified actions or proceedings to attack, review, set aside, void, or annul specified acts or decisions of a public agency until the date on which the public agency deposits in the mail or sends by email to the requestor a copy of the notice, including any subsequent amended, corrected, or revised notice, or the date on which the public agency submits the notice to a specified state entity, as described. The bill would also require the public agency to submit the notice of determination or notice of exemption for all projects to a specified state entity within 5 days of its action on the project. By imposing duties on local agencies, the bill would create a state-mandated local program.
This bill would make conforming and nonsubstantive changes to other CEQA provisions.
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.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. 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. The notice shall identify the person or persons in subdivision (b) or (c) of Section 21065, as reflected in the agencys 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. 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 agencys 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) A notice filed pursuant to this section shall be available for public inspection, and shall be posted within 24 hours of receipt in the office or 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.(d) A notice filed by a local agency pursuant to this section shall be filed electronically with the county clerk if that option is offered by the county clerk.SECTION 1.SEC. 2. Section 21167 of the Public Resources Code, as amended by Section 1 of Chapter 38 of the Statutes of 2022, 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:(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 agencys 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.(2) 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.(3) 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.(4) 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 agencys 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.(5) 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.(b) (1) (A) If a person has made a written request to a public agency for a copy of a notice specified in Section 21108 or 21152 after the agency notices the project for the public hearing, if any, and before the date on which the public agency approves or determines to carry out a project, then no later than five days from the date of the public agencys action, the public agency shall deposit a written copy of the notice, including any subsequent amended, corrected, or revised notices, addressed to that person in the United States mail, first-class postage prepaid. If the public agency files an amended, corrected, or revised notice more than five days after its action on the project, then within five days of that filing, the agency shall deposit a written copy of the notice addressed to the person making a written request in the United States mail, first-class postage prepaid.(B) If the public agency offers to provide a notice specified in Section 21108 or 21152 by email, a person may ask in their written request pursuant to subparagraph (A) that the notice be provided to that person by email. If a person requests, within the timeframe specified in subparagraph (A), to receive a notice by email, then no later than five days from the date of the public agencys action, the public agency shall provide to that person by email a copy of the notice, including any subsequent amended, corrected, or revised notice. If the public agency files an amended, corrected, or revised notice more than five days after its action on the project, then within five days of that filing, the agency shall provide to the requesting person by email a copy of the notice.(2) If a person makes a timely written request for a copy of a notice in accordance with subparagraph (A) or (B) of paragraph (1), and the public agency fails to timely provide the notice to that person pursuant to the relevant subparagraph, then the time periods specified in paragraphs (2), (3), (4), and (5) of subdivision (a) shall commence on the earlier of the following:(A) The date that the public agency provides notice in the manner set forth in subparagraph (A) or (B) of paragraph (1), including any subsequent amended, corrected, or revised notice. This paragraph does not affect the time periods set forth in paragraph (1) of subdivision (a).(B) The date on which the public agency submits to the State Clearinghouse the notice.(3) Notwithstanding paragraph (2), an action or proceeding described in subdivision (a) shall be commenced no later than 180 days from the date of the public agencys 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.(4) The extension of the commencement of the time periods set forth in subdivision (a) by the actions set forth in paragraph (2) shall apply only to the person requesting a copy of the notice in accordance with subparagraph (A) or (B) of paragraph (1) who is not timely sent a copy of the notice.(5) The public agency shall submit the notice of determination or notice of exemption for all projects to the State Clearinghouse within five days of its action on the project.SEC. 2.SEC. 3. 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 this division is commenced during the period prescribed in paragraph (3) of subdivision (a) of Section 21167, the environmental impact report shall be conclusively presumed to comply with this division for purposes of its use by responsible agencies, unless Section 21166 applies.SEC. 3.SEC. 4. 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 this division is commenced during the period described in paragraph (2) or (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 compliance, responsible agencies shall assume that the environmental impact report or the negative declaration for the project complies with this division and shall issue a conditional approval or disapproval of 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 only when the action or proceeding results in a final determination that the environmental impact report or negative declaration complies with this division.(b) In the event that an action or proceeding is commenced as described in subdivision (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 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. An approval shall constitute permission to proceed with the project at the applicants risk pending final determination of the action or proceeding.SEC. 4.SEC. 5. Section 21167.6.2 of the Public Resources Code, as amended by Section 381 of Chapter 615 of the Statutes of 2021, Code 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 agencys 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 paragraph (2) or (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 AGENCYS INTERNET 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 agencys 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.SEC. 6. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. 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. The notice shall identify the person or persons in subdivision (b) or (c) of Section 21065, as reflected in the agencys 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. 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 agencys 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) A notice filed pursuant to this section shall be available for public inspection, and shall be posted within 24 hours of receipt in the office or 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.(d) A notice filed by a local agency pursuant to this section shall be filed electronically with the county clerk if that option is offered by the county clerk.
SECTION 1. Section 21152 of the Public Resources Code is amended to read:
### SECTION 1.
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. The notice shall identify the person or persons in subdivision (b) or (c) of Section 21065, as reflected in the agencys 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. 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 agencys 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) A notice filed pursuant to this section shall be available for public inspection, and shall be posted within 24 hours of receipt in the office or 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.(d) A notice filed by a local agency pursuant to this section shall be filed electronically with the county clerk if that option is offered by the county clerk.
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. The notice shall identify the person or persons in subdivision (b) or (c) of Section 21065, as reflected in the agencys 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. 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 agencys 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) A notice filed pursuant to this section shall be available for public inspection, and shall be posted within 24 hours of receipt in the office or 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.(d) A notice filed by a local agency pursuant to this section shall be filed electronically with the county clerk if that option is offered by the county clerk.
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. The notice shall identify the person or persons in subdivision (b) or (c) of Section 21065, as reflected in the agencys 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. 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 agencys 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) A notice filed pursuant to this section shall be available for public inspection, and shall be posted within 24 hours of receipt in the office or 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.(d) A notice filed by a local agency pursuant to this section shall be filed electronically with the county clerk if that option is offered by the county clerk.
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. The notice shall identify the person or persons in subdivision (b) or (c) of Section 21065, as reflected in the agencys 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. 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 agencys 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) A notice filed pursuant to this section shall be available for public inspection, and shall be posted within 24 hours of receipt in the office or 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.
(d) A notice filed by a local agency pursuant to this section shall be filed electronically with the county clerk if that option is offered by the county clerk.
SECTION 1.SEC. 2. Section 21167 of the Public Resources Code, as amended by Section 1 of Chapter 38 of the Statutes of 2022, 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:(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 agencys 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.(2) 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.(3) 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.(4) 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 agencys 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.(5) 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.(b) (1) (A) If a person has made a written request to a public agency for a copy of a notice specified in Section 21108 or 21152 after the agency notices the project for the public hearing, if any, and before the date on which the public agency approves or determines to carry out a project, then no later than five days from the date of the public agencys action, the public agency shall deposit a written copy of the notice, including any subsequent amended, corrected, or revised notices, addressed to that person in the United States mail, first-class postage prepaid. If the public agency files an amended, corrected, or revised notice more than five days after its action on the project, then within five days of that filing, the agency shall deposit a written copy of the notice addressed to the person making a written request in the United States mail, first-class postage prepaid.(B) If the public agency offers to provide a notice specified in Section 21108 or 21152 by email, a person may ask in their written request pursuant to subparagraph (A) that the notice be provided to that person by email. If a person requests, within the timeframe specified in subparagraph (A), to receive a notice by email, then no later than five days from the date of the public agencys action, the public agency shall provide to that person by email a copy of the notice, including any subsequent amended, corrected, or revised notice. If the public agency files an amended, corrected, or revised notice more than five days after its action on the project, then within five days of that filing, the agency shall provide to the requesting person by email a copy of the notice.(2) If a person makes a timely written request for a copy of a notice in accordance with subparagraph (A) or (B) of paragraph (1), and the public agency fails to timely provide the notice to that person pursuant to the relevant subparagraph, then the time periods specified in paragraphs (2), (3), (4), and (5) of subdivision (a) shall commence on the earlier of the following:(A) The date that the public agency provides notice in the manner set forth in subparagraph (A) or (B) of paragraph (1), including any subsequent amended, corrected, or revised notice. This paragraph does not affect the time periods set forth in paragraph (1) of subdivision (a).(B) The date on which the public agency submits to the State Clearinghouse the notice.(3) Notwithstanding paragraph (2), an action or proceeding described in subdivision (a) shall be commenced no later than 180 days from the date of the public agencys 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.(4) The extension of the commencement of the time periods set forth in subdivision (a) by the actions set forth in paragraph (2) shall apply only to the person requesting a copy of the notice in accordance with subparagraph (A) or (B) of paragraph (1) who is not timely sent a copy of the notice.(5) The public agency shall submit the notice of determination or notice of exemption for all projects to the State Clearinghouse within five days of its action on the project.
SECTION 1.SEC. 2. Section 21167 of the Public Resources Code, as amended by Section 1 of Chapter 38 of the Statutes of 2022, Code is amended to read:
### SECTION 1.SEC. 2.
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:(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 agencys 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.(2) 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.(3) 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.(4) 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 agencys 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.(5) 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.(b) (1) (A) If a person has made a written request to a public agency for a copy of a notice specified in Section 21108 or 21152 after the agency notices the project for the public hearing, if any, and before the date on which the public agency approves or determines to carry out a project, then no later than five days from the date of the public agencys action, the public agency shall deposit a written copy of the notice, including any subsequent amended, corrected, or revised notices, addressed to that person in the United States mail, first-class postage prepaid. If the public agency files an amended, corrected, or revised notice more than five days after its action on the project, then within five days of that filing, the agency shall deposit a written copy of the notice addressed to the person making a written request in the United States mail, first-class postage prepaid.(B) If the public agency offers to provide a notice specified in Section 21108 or 21152 by email, a person may ask in their written request pursuant to subparagraph (A) that the notice be provided to that person by email. If a person requests, within the timeframe specified in subparagraph (A), to receive a notice by email, then no later than five days from the date of the public agencys action, the public agency shall provide to that person by email a copy of the notice, including any subsequent amended, corrected, or revised notice. If the public agency files an amended, corrected, or revised notice more than five days after its action on the project, then within five days of that filing, the agency shall provide to the requesting person by email a copy of the notice.(2) If a person makes a timely written request for a copy of a notice in accordance with subparagraph (A) or (B) of paragraph (1), and the public agency fails to timely provide the notice to that person pursuant to the relevant subparagraph, then the time periods specified in paragraphs (2), (3), (4), and (5) of subdivision (a) shall commence on the earlier of the following:(A) The date that the public agency provides notice in the manner set forth in subparagraph (A) or (B) of paragraph (1), including any subsequent amended, corrected, or revised notice. This paragraph does not affect the time periods set forth in paragraph (1) of subdivision (a).(B) The date on which the public agency submits to the State Clearinghouse the notice.(3) Notwithstanding paragraph (2), an action or proceeding described in subdivision (a) shall be commenced no later than 180 days from the date of the public agencys 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.(4) The extension of the commencement of the time periods set forth in subdivision (a) by the actions set forth in paragraph (2) shall apply only to the person requesting a copy of the notice in accordance with subparagraph (A) or (B) of paragraph (1) who is not timely sent a copy of the notice.(5) The public agency shall submit the notice of determination or notice of exemption for all projects to the State Clearinghouse within five days of its action on the project.
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:(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 agencys 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.(2) 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.(3) 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.(4) 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 agencys 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.(5) 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.(b) (1) (A) If a person has made a written request to a public agency for a copy of a notice specified in Section 21108 or 21152 after the agency notices the project for the public hearing, if any, and before the date on which the public agency approves or determines to carry out a project, then no later than five days from the date of the public agencys action, the public agency shall deposit a written copy of the notice, including any subsequent amended, corrected, or revised notices, addressed to that person in the United States mail, first-class postage prepaid. If the public agency files an amended, corrected, or revised notice more than five days after its action on the project, then within five days of that filing, the agency shall deposit a written copy of the notice addressed to the person making a written request in the United States mail, first-class postage prepaid.(B) If the public agency offers to provide a notice specified in Section 21108 or 21152 by email, a person may ask in their written request pursuant to subparagraph (A) that the notice be provided to that person by email. If a person requests, within the timeframe specified in subparagraph (A), to receive a notice by email, then no later than five days from the date of the public agencys action, the public agency shall provide to that person by email a copy of the notice, including any subsequent amended, corrected, or revised notice. If the public agency files an amended, corrected, or revised notice more than five days after its action on the project, then within five days of that filing, the agency shall provide to the requesting person by email a copy of the notice.(2) If a person makes a timely written request for a copy of a notice in accordance with subparagraph (A) or (B) of paragraph (1), and the public agency fails to timely provide the notice to that person pursuant to the relevant subparagraph, then the time periods specified in paragraphs (2), (3), (4), and (5) of subdivision (a) shall commence on the earlier of the following:(A) The date that the public agency provides notice in the manner set forth in subparagraph (A) or (B) of paragraph (1), including any subsequent amended, corrected, or revised notice. This paragraph does not affect the time periods set forth in paragraph (1) of subdivision (a).(B) The date on which the public agency submits to the State Clearinghouse the notice.(3) Notwithstanding paragraph (2), an action or proceeding described in subdivision (a) shall be commenced no later than 180 days from the date of the public agencys 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.(4) The extension of the commencement of the time periods set forth in subdivision (a) by the actions set forth in paragraph (2) shall apply only to the person requesting a copy of the notice in accordance with subparagraph (A) or (B) of paragraph (1) who is not timely sent a copy of the notice.(5) The public agency shall submit the notice of determination or notice of exemption for all projects to the State Clearinghouse within five days of its action on the project.
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:(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 agencys 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.(2) 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.(3) 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.(4) 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 agencys 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.(5) 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.(b) (1) (A) If a person has made a written request to a public agency for a copy of a notice specified in Section 21108 or 21152 after the agency notices the project for the public hearing, if any, and before the date on which the public agency approves or determines to carry out a project, then no later than five days from the date of the public agencys action, the public agency shall deposit a written copy of the notice, including any subsequent amended, corrected, or revised notices, addressed to that person in the United States mail, first-class postage prepaid. If the public agency files an amended, corrected, or revised notice more than five days after its action on the project, then within five days of that filing, the agency shall deposit a written copy of the notice addressed to the person making a written request in the United States mail, first-class postage prepaid.(B) If the public agency offers to provide a notice specified in Section 21108 or 21152 by email, a person may ask in their written request pursuant to subparagraph (A) that the notice be provided to that person by email. If a person requests, within the timeframe specified in subparagraph (A), to receive a notice by email, then no later than five days from the date of the public agencys action, the public agency shall provide to that person by email a copy of the notice, including any subsequent amended, corrected, or revised notice. If the public agency files an amended, corrected, or revised notice more than five days after its action on the project, then within five days of that filing, the agency shall provide to the requesting person by email a copy of the notice.(2) If a person makes a timely written request for a copy of a notice in accordance with subparagraph (A) or (B) of paragraph (1), and the public agency fails to timely provide the notice to that person pursuant to the relevant subparagraph, then the time periods specified in paragraphs (2), (3), (4), and (5) of subdivision (a) shall commence on the earlier of the following:(A) The date that the public agency provides notice in the manner set forth in subparagraph (A) or (B) of paragraph (1), including any subsequent amended, corrected, or revised notice. This paragraph does not affect the time periods set forth in paragraph (1) of subdivision (a).(B) The date on which the public agency submits to the State Clearinghouse the notice.(3) Notwithstanding paragraph (2), an action or proceeding described in subdivision (a) shall be commenced no later than 180 days from the date of the public agencys 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.(4) The extension of the commencement of the time periods set forth in subdivision (a) by the actions set forth in paragraph (2) shall apply only to the person requesting a copy of the notice in accordance with subparagraph (A) or (B) of paragraph (1) who is not timely sent a copy of the notice.(5) The public agency shall submit the notice of determination or notice of exemption for all projects to the State Clearinghouse within five days of its action on the project.
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:
(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 agencys 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.
(2) 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.
(3) 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.
(4) 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 agencys 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.
(5) 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.
(b) (1) (A) If a person has made a written request to a public agency for a copy of a notice specified in Section 21108 or 21152 after the agency notices the project for the public hearing, if any, and before the date on which the public agency approves or determines to carry out a project, then no later than five days from the date of the public agencys action, the public agency shall deposit a written copy of the notice, including any subsequent amended, corrected, or revised notices, addressed to that person in the United States mail, first-class postage prepaid. If the public agency files an amended, corrected, or revised notice more than five days after its action on the project, then within five days of that filing, the agency shall deposit a written copy of the notice addressed to the person making a written request in the United States mail, first-class postage prepaid.
(B) If the public agency offers to provide a notice specified in Section 21108 or 21152 by email, a person may ask in their written request pursuant to subparagraph (A) that the notice be provided to that person by email. If a person requests, within the timeframe specified in subparagraph (A), to receive a notice by email, then no later than five days from the date of the public agencys action, the public agency shall provide to that person by email a copy of the notice, including any subsequent amended, corrected, or revised notice. If the public agency files an amended, corrected, or revised notice more than five days after its action on the project, then within five days of that filing, the agency shall provide to the requesting person by email a copy of the notice.
(2) If a person makes a timely written request for a copy of a notice in accordance with subparagraph (A) or (B) of paragraph (1), and the public agency fails to timely provide the notice to that person pursuant to the relevant subparagraph, then the time periods specified in paragraphs (2), (3), (4), and (5) of subdivision (a) shall commence on the earlier of the following:
(A) The date that the public agency provides notice in the manner set forth in subparagraph (A) or (B) of paragraph (1), including any subsequent amended, corrected, or revised notice. This paragraph does not affect the time periods set forth in paragraph (1) of subdivision (a).
(B) The date on which the public agency submits to the State Clearinghouse the notice.
(3) Notwithstanding paragraph (2), an action or proceeding described in subdivision (a) shall be commenced no later than 180 days from the date of the public agencys 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.
(4) The extension of the commencement of the time periods set forth in subdivision (a) by the actions set forth in paragraph (2) shall apply only to the person requesting a copy of the notice in accordance with subparagraph (A) or (B) of paragraph (1) who is not timely sent a copy of the notice.
(5) The public agency shall submit the notice of determination or notice of exemption for all projects to the State Clearinghouse within five days of its action on the project.
SEC. 2.SEC. 3. 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 this division is commenced during the period prescribed in paragraph (3) of subdivision (a) of Section 21167, the environmental impact report shall be conclusively presumed to comply with this division for purposes of its use by responsible agencies, unless Section 21166 applies.
SEC. 2.SEC. 3. Section 21167.2 of the Public Resources Code is amended to read:
### SEC. 2.SEC. 3.
21167.2. If no action or proceeding alleging that an environmental impact report does not comply with this division is commenced during the period prescribed in paragraph (3) of subdivision (a) of Section 21167, the environmental impact report shall be conclusively presumed to comply with this division for purposes of its use by responsible agencies, unless Section 21166 applies.
21167.2. If no action or proceeding alleging that an environmental impact report does not comply with this division is commenced during the period prescribed in paragraph (3) of subdivision (a) of Section 21167, the environmental impact report shall be conclusively presumed to comply with this division for purposes of its use by responsible agencies, unless Section 21166 applies.
21167.2. If no action or proceeding alleging that an environmental impact report does not comply with this division is commenced during the period prescribed in paragraph (3) of subdivision (a) of Section 21167, the environmental impact report shall be conclusively presumed to comply with this division for purposes of its use by responsible agencies, unless Section 21166 applies.
21167.2. If no action or proceeding alleging that an environmental impact report does not comply with this division is commenced during the period prescribed in paragraph (3) of subdivision (a) of Section 21167, the environmental impact report shall be conclusively presumed to comply with this division for purposes of its use by responsible agencies, unless Section 21166 applies.
SEC. 3.SEC. 4. 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 this division is commenced during the period described in paragraph (2) or (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 compliance, responsible agencies shall assume that the environmental impact report or the negative declaration for the project complies with this division and shall issue a conditional approval or disapproval of 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 only when the action or proceeding results in a final determination that the environmental impact report or negative declaration complies with this division.(b) In the event that an action or proceeding is commenced as described in subdivision (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 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. An approval shall constitute permission to proceed with the project at the applicants risk pending final determination of the action or proceeding.
SEC. 3.SEC. 4. Section 21167.3 of the Public Resources Code is amended to read:
### SEC. 3.SEC. 4.
21167.3. (a) If an action or proceeding alleging that an environmental impact report or a negative declaration does not comply with this division is commenced during the period described in paragraph (2) or (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 compliance, responsible agencies shall assume that the environmental impact report or the negative declaration for the project complies with this division and shall issue a conditional approval or disapproval of 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 only when the action or proceeding results in a final determination that the environmental impact report or negative declaration complies with this division.(b) In the event that an action or proceeding is commenced as described in subdivision (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 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. An approval shall constitute permission to proceed with the project at the applicants risk pending final determination of the action or proceeding.
21167.3. (a) If an action or proceeding alleging that an environmental impact report or a negative declaration does not comply with this division is commenced during the period described in paragraph (2) or (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 compliance, responsible agencies shall assume that the environmental impact report or the negative declaration for the project complies with this division and shall issue a conditional approval or disapproval of 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 only when the action or proceeding results in a final determination that the environmental impact report or negative declaration complies with this division.(b) In the event that an action or proceeding is commenced as described in subdivision (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 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. An approval shall constitute permission to proceed with the project at the applicants risk pending final determination of the action or proceeding.
21167.3. (a) If an action or proceeding alleging that an environmental impact report or a negative declaration does not comply with this division is commenced during the period described in paragraph (2) or (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 compliance, responsible agencies shall assume that the environmental impact report or the negative declaration for the project complies with this division and shall issue a conditional approval or disapproval of 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 only when the action or proceeding results in a final determination that the environmental impact report or negative declaration complies with this division.(b) In the event that an action or proceeding is commenced as described in subdivision (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 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. An approval shall constitute permission to proceed with the project at the applicants risk pending final determination of the action or proceeding.
21167.3. (a) If an action or proceeding alleging that an environmental impact report or a negative declaration does not comply with this division is commenced during the period described in paragraph (2) or (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 compliance, responsible agencies shall assume that the environmental impact report or the negative declaration for the project complies with this division and shall issue a conditional approval or disapproval of 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 only when the action or proceeding results in a final determination that the environmental impact report or negative declaration complies with this division.
(b) In the event that an action or proceeding is commenced as described in subdivision (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 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. An approval shall constitute permission to proceed with the project at the applicants risk pending final determination of the action or proceeding.
SEC. 4.SEC. 5. Section 21167.6.2 of the Public Resources Code, as amended by Section 381 of Chapter 615 of the Statutes of 2021, Code 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 agencys 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 paragraph (2) or (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 AGENCYS INTERNET 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 agencys 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. 4.SEC. 5. Section 21167.6.2 of the Public Resources Code, as amended by Section 381 of Chapter 615 of the Statutes of 2021, Code is amended to read:
### SEC. 4.SEC. 5.
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 agencys 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 paragraph (2) or (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 AGENCYS INTERNET 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 agencys 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.
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 agencys 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 paragraph (2) or (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 AGENCYS INTERNET 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 agencys 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.
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 agencys 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 paragraph (2) or (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 AGENCYS INTERNET 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 agencys 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.
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 agencys 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 paragraph (2) or (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 AGENCYS INTERNET 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 agencys 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.SEC. 6. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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.
SEC. 5.SEC. 6. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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.
SEC. 5.SEC. 6. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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.
### SEC. 5.SEC. 6.