Chapter 4:  Local Agencies

 

§ 21150. Environmental impact report required before

allocation of state or federal funds

State agencies, boards, and commissions, responsible for

allocating state or federal funds on a project-by-project basis to

local agencies for any project which may have a significant effect on

the environment, shall require from the responsible local

governmental agency a detailed statement setting forth the matters

specified in Section 21100 prior to the allocation of any funds other

than funds solely for projects involving only feasibility or

planning studies for possible future actions which the agency, board,

or commission has not approved, adopted, or funded.

§ 21151. Local agencies; preparation and completion 

of impact report; submission as part of general plan 

report; significant effect

 (a) All local agencies shall prepare, or cause to be

prepared by contract, and certify the completion of, an environmental

impact report on any project that they intend to carry out or

approve which may have a significant effect on the environment.  When

a report is required by Section 65402 of the Government Code, the

environmental impact report may be submitted as a part of that

report.

(b) For purposes of this section, any significant effect on the

environment shall be limited to substantial, or potentially

substantial, adverse changes in physical conditions which exist

within the area as defined in Section 21060.5.

(c) If a nonelected decisionmaking body of a local lead agency

certifies an environmental impact report, approves a negative

declaration or mitigated negative declaration, or determines that a

project is not subject to this division, that certification,

approval, or determination may be appealed to the agency's elected

decisionmaking body, if any.

§ 21151.1. Waste-burning projects; land disposal facilities, 

and offsite large treatment facilities; environmental impact 

reports; application of section; exemptions; offsite 

facility defined

(a) Notwithstanding paragraph (6) of subdivision (b) of

Section 21080, or Section 21080.5 or 21084, or any other provision of

law, except as provided in this section, a lead agency shall prepare

or cause to be prepared by contract, and certify the completion of,

an environmental impact report or, if appropriate, a modification,

addendum, or supplement to an existing environmental impact report,

for any project involving any of the following:

   (1) (A) The burning of municipal wastes, hazardous waste, or

refuse-derived fuel, including, but not limited to, tires, if the

project is either of the following:

   (i) The construction of a new facility.

   (ii) The expansion of an existing facility that burns hazardous

waste that would increase its permitted capacity by more than 10

percent.

   (B) This paragraph does not apply to any project exclusively

burning hazardous waste, for which a final determination under

Section 21080.1 has been made prior to July 14, 1989.

   (2) The initial issuance of a hazardous waste facilities permit to

a land disposal facility, as defined in subdivision (d) of Section

25199.1 of the Health and Safety Code.

   (3) The initial issuance of a hazardous waste facilities permit

pursuant to Section 25200 of the Health and Safety Code to an offsite

large treatment facility, as defined pursuant to subdivision (d) of

Section 25205.1 of the Health and Safety Code.

   (4) A base reuse plan as defined in Section 21083.8 or 21083.8.1.

The Legislature hereby finds that no reimbursement is required

pursuant to Section 6 of Article XIIIB of the California Constitution

for an environmental impact report for a base reuse plan if an

environmental impact report is otherwise required for that base reuse

plan pursuant to any other provision of this division.

(b) For purposes of clause (ii) of subparagraph (A) of

subparagraph (B) of paragraph (1) of subdivision (a), the amount of

expansion of an existing facility shall be calculated by comparing

the proposed facility capacity with whichever of the following is

applicable:

   (1) The facility capacity authorized in the facility's hazardous

waste facilities permit pursuant to Section 25200 of the Health and

Safety Code or its grant of interim status pursuant to Section

25200.5 of the Health and Safety Code, or the facility capacity

authorized in any state or local agency permit allowing the

construction or operation of a facility for the burning of hazardous

waste, granted before January 1, 1990.

   (2) The facility capacity authorized in the facility's original

hazardous waste facilities permit, grant of interim status, or any

state or local agency permit allowing the construction or operation

of a facility for the burning of hazardous waste, granted on or after

January 1, 1990.

(c) For purposes of paragraphs (2) and (3) of subdivision (a), the

initial issuance of a hazardous waste facilities permit does not

include the issuance of a closure or postclosure permit pursuant to

Chapter 6.5 (commencing with Section 25100) of Division 20 of the

Health and Safety Code.

(d) Paragraph (1) of subdivision (a) does not apply to any project

that does any of the following:

   (1) Exclusively burns digester gas produced from manure or any

other solid or semisolid animal waste.

   (2) Exclusively burns methane gas produced from a disposal site,

as defined in Section 40122, that is used only for the disposal of

solid waste, as defined in Section 40191.

   (3) Exclusively burns forest, agricultural, wood, or other biomass

wastes.

   (4) Exclusively burns hazardous waste in an incineration unit that

is transportable and that is either at a site for not longer than

three years or is part of a remedial or removal action.  For purposes

of this paragraph, "transportable" means any equipment that performs

a "treatment" as defined in Section 66216 of Title 22 of the

California Code of Regulations, and that is transported on a vehicle

as defined in Section 66230 of Title 22 of the California Code of

Regulations.

   (5) Exclusively burns refinery waste in a flare on the site of

generation.

   (6) Exclusively burns in a flare methane gas produced at a

municipal sewage treatment plant.

   (7) Exclusively burns hazardous waste, or exclusively burns

hazardous waste as a supplemental fuel, as part of a research,

development, or demonstration project that, consistent with federal

regulations implementing the Resource Conservation and Recovery Act

of 1976, as amended (42 U.S.C. Sec.  6901 et seq.), has been

determined to be innovative and experimental by the Department of

Toxic Substances Control and that is limited in type and quantity of

waste to that necessary to determine the efficacy and performance

capabilities of the technology or process; provided, however, that

any facility that operated as a research, development, or

demonstration project and for which an application is thereafter

submitted for a hazardous waste facility permit for operation other

than as a research, development, or demonstration project shall be

considered a new facility for the burning of hazardous waste and

shall be subject to subdivision (a) of Section 21151.1.

   (8) Exclusively burns soils contaminated only with petroleum fuels

or the vapors from these soils.

   (9) Exclusively treats less than 3,000 pounds of hazardous waste

per day in a thermal processing unit operated in the absence of open

flame, and submits a worst-case health risk assessment of the

technology to the Department of Toxic Substances Control for review

and distribution to the interested public.  This assessment shall be

prepared in accordance with guidelines set forth in the Air Toxics

Assessment Manual of the California Air Pollution Control Officers

Association.

   (10) Exclusively burns less than 1,200 pounds per day of medical

waste, as defined in Section 117690 of the Health and Safety Code, on

hospital sites.

   (11) Exclusively burns chemicals and fuels as part of firefighter

training.

   (12) Exclusively conducts open burns of explosives subject to the

requirements of the air pollution control district or air quality

management district and in compliance with OSHA and Cal-OSHA

regulations.

   (13) Exclusively conducts onsite burning of less than 3,000 pounds

per day of fumes directly from a manufacturing or commercial

process.

   (14) Exclusively conducts onsite burning of hazardous waste in an

industrial furnace that recovers hydrogen chloride from the flue gas

if the hydrogen chloride is subsequently sold, distributed in

commerce, or used in a manufacturing process at the site where the

hydrogen chloride is recovered, and the burning is in compliance with

the requirements of the air pollution control district or air

quality management district and the Department of Toxic Substances

Control.

(e) Paragraph (1) of subdivision (a) does not apply to any project

for which the State Energy Resources Conservation and Development

Commission has assumed jurisdiction under Chapter 6 (commencing with

Section 25500) of Division 15.

(f) Paragraphs (2) and (3) of subdivision (a) shall not apply if

the facility only manages hazardous waste that is identified or

listed pursuant to Section 25140 or 25141 on or after January 1,

1992, but not before that date, or only conducts activities that are

regulated pursuant to Chapter 6.5 (commencing with Section 25100) of

Division 20 of the Health and Safety Code on or after January 1,

1992, but not before that date.

(g) This section does not exempt any project from any other

requirement of this division.

(h) For purposes of this section, offsite facility means a

facility that serves more than one generator of hazardous waste.

§ 21151.2. School site proposed acquisition or addition; 

notice to planning commission; investigation; report

To promote the safety of pupils and comprehensive

community planning the governing board of each school district before

acquiring title to property for a new school site or for an addition

to a present school site, shall give the planning commission having

jurisdiction notice in writing of the proposed acquisition.  The

planning commission shall investigate the proposed site and within 30

days after receipt of the notice shall submit to the governing board

a written report of the investigation and its recommendations

concerning acquisition of the site.

   The governing board shall not acquire title to the property until

the report of the planning commission has been received.  If the

report does not favor the acquisition of the property for a school

site, or for an addition to a present school site, the governing

board of the school district shall not acquire title to the property

until 30 days after the commission's report is received.

§ 21151.4. Construction or alteration of facility 
within 1/4 mile of school; reasonable anticipation 
of air emission or handling of hazardous or extremely 
hazardous material; approval of environmental 
impact report or negative declaration

An environmental impact report shall not be certified
and a negative declaration shall not be approved for any project
involving the construction or alteration of a facility within 1/4 of
a mile of a school that might reasonably be anticipated to emit
hazardous air emissions, or that would handle an extremely hazardous
substance or a mixture containing extremely hazardous substances in a
quantity equal to or greater than the state threshold quantity
specified pursuant to subdivision (j) of Section 25532 of the Health
and Safety Code, that may pose a health or safety hazard to persons
who would attend or would be employed at the school, unless both of
the following occur:
   (a) The lead agency preparing the environmental impact report or
negative declaration has consulted with the school district having
jurisdiction regarding the potential impact of the project on the
school.
   (b) The school district has been given written notification of the
project not less than 30 days prior to the proposed certification of
the environmental impact report or approval of the negative
declaration.

§ 21151.5. Time limits for preparation of environmental 

impact reports and negative declarations

(a) (1) For projects described in subdivision (c) of

Section 21065, each local agency shall establish, by ordinance or

resolution, time limits that do not exceed the following:

   (A) One year for completing and certifying environmental impact

reports.

   (B) One hundred eighty days for completing and adopting negative

declarations.

   (2) The time limits specified in paragraph (1) shall apply only to

those circumstances in which the local agency is the lead agency for

a project.  These ordinances or resolutions may establish different

time limits for different types or classes of projects and different

types of environmental impact reports, but all limits shall be

measured from the date on which an application requesting approval of

the project is received and accepted as complete by the local

agency.

   (3) No application for a project may be deemed incomplete for lack

of a waiver of time periods prescribed by local ordinance or

resolution.

   (4) The ordinances or resolutions required by this section may

provide for a reasonable extension of the time period in the event

that compelling circumstances justify additional time and the project

applicant consents thereto.

(b) If a draft environmental impact report, environmental impact

report, or focused environmental impact report is prepared under a

contract to a local agency, the contract shall be executed within 45

days from the date on which the local agency sends a notice of

preparation pursuant to Section 21080.4.  The local agency may take

longer to execute the contract  if the project applicant and the

local agency mutually agree to an extension of the time limit

provided by this subdivision.

 

 

§ 21151.7. Preparation and certification of completion 

of environmental impact report for open-pit mining 

operation by lead agency

Notwithstanding any other provision of law, a lead agency

shall prepare or cause to be prepared by contract, and certify the

completion of, an environmental impact report for any open-pit mining

operation which is subject to the permit requirements of the Surface

Mining and Reclamation Act of 1975 (Chapter 9 (commencing with

Section 2710) of Division 2) and utilizes a cyanide heap-leaching

process for the purpose of producing gold or other precious metals.

§ 21151.8. Schoolsite acquisition or construction; 

approval of environmental impact report or negative 

declaration; conditions

   (a) An environmental impact report or negative
declaration may not be approved for any project involving the
purchase of a schoolsite or the construction of a new elementary or
secondary school by a school district unless all of the following
occur:
   (1) The environmental impact report or negative declaration
includes information that is needed to determine if the property
proposed to be purchased, or to be constructed upon, is any of the
following:
   (A) The site of a current or former hazardous waste disposal site
or solid waste disposal site and, if so, whether the wastes have been
removed.
   (B) A hazardous substance release site identified by the
Department of Toxic Substances Control in a current list adopted
pursuant to Section 25356 of the Health and Safety Code for removal
or remedial action pursuant to Chapter 6.8 (commencing with Section
25300) of Division 20 of the Health and Safety Code.
   (C) A site that contains one or more pipelines, situated
underground or aboveground, that carries hazardous substances,
acutely hazardous materials, or hazardous wastes, unless the pipeline
is a natural gas line that is used only to supply natural gas to
that school or neighborhood, or other nearby schools.
   (D) A site that is within 500 feet of the edge of the closest
traffic lane of a freeway or other busy traffic corridor.
   (2) The school district, as the lead agency, in preparing the
environmental impact report or negative declaration has notified in
writing and consulted with the administering agency in which the
proposed schoolsite is located, pursuant to Section 2735.3 of Title
19 of the California Code of Regulations, and with any air pollution
control district or air quality management district having
jurisdiction in the area, to identify both permitted and nonpermitted
facilities within that district's authority, including, but not
limited to, freeways and busy traffic corridors, large agricultural
operations, and railyards, within one-fourth of a mile of the
proposed schoolsite, that might reasonably be anticipated to emit
hazardous emissions or handle hazardous or acutely hazardous
materials, substances, or waste.  The notification by the school
district, as the lead agency, shall include a list of the locations
for which information is sought.
   (3) The governing board of the school district makes one of the
following written findings:
   (A) Consultation identified no facilities of this type or other
significant pollution sources specified in paragraph (2).
   (B) The facilities or other pollution sources specified in
paragraph (2) exist, but one of the following conditions applies:
   (i) The health risks from the facilities or other pollution
sources do not and will not constitute an actual or potential
endangerment of public health to persons who would attend or be
employed at the proposed school.
   (ii) Corrective measures required under an existing order by
another agency having jurisdiction over the facilities or other
pollution sources will, before the school is occupied, result in the
mitigation of all chronic or accidental hazardous air emissions to
levels that do not constitute an actual or potential endangerment of
public health to persons who would attend or be employed at the
proposed school.  If the governing board makes  a finding pursuant to
this clause, it shall also make a subsequent finding, prior to
occupancy of the school, that the emissions have been so mitigated.
   (iii) For a schoolsite with a boundary that is within 500 feet of
the edge of the closest traffic lane of a freeway or other busy
traffic corridor, the governing board of the school district
determines, through analysis pursuant to paragraph (2) of subdivision
(b) of Section 44360 of the Health and Safety Code, based on
appropriate air dispersion modeling, and after considering any
potential mitigation measures, that the air quality at the proposed
site is such that neither short-term nor long-term exposure poses
significant health risks to pupils.
   (C) The facilities or other pollution sources specified in
paragraph (2) exist, but conditions in clause (i), (ii) or (iii) of
subparagraph (B) cannot be met, and the school district is unable to
locate an alternative site that is suitable due to a severe shortage
of sites that meet the requirements in subdivision (a) of Section
17213 of the Education Code.  If the governing board makes this
finding, the governing board shall adopt a statement of Overriding
Considerations pursuant to Section 15093 of Title 14 of the
California Code of Regulations.
   (4) Each administering agency, air pollution control district, or
air quality management district receiving written notification from a
lead agency to identify facilities pursuant to paragraph (2) shall
provide the requested information and provide a written response to
the lead agency within 30 days of receiving the notification.  The
environmental impact report or negative declaration shall be
conclusively presumed to comply with this section as to the area of
responsibility of any agency that does not respond within 30 days.
   (b) If a school district, as a lead agency, has carried out the
consultation required by paragraph (2) of subdivision (a), the
environmental impact report or the negative declaration shall be
conclusively presumed to comply with this section, notwithstanding
any failure of the consultation to identify an existing facility or
other pollution source specified in paragraph (2) of subdivision (a).

   (c) As used in this section and Section 21151.4, the following
definitions shall apply:
   (1) "Hazardous substance" means any substance defined in Section
25316 of the Health and Safety Code.
   (2) "Acutely hazardous material" means any material defined
pursuant to subdivision (a) of Section 25532 of the Health and Safety
Code.
   (3) "Hazardous waste" means any waste defined in Section 25117 of
the Health and Safety Code.
   (4) "Hazardous waste disposal site" means any site defined in
Section 25114 of the Health and Safety Code.
   (5) "Hazardous air emissions" means emissions into the ambient air
of air contaminants that  have been identified as a toxic air
contaminant by the State Air Resources Board or by the air pollution
control officer for the jurisdiction in which the project is located.
  As determined by the air pollution control officer, hazardous air
emissions also means emissions into the ambient air from any
substances identified in subdivisions (a) to (f), inclusive, of
Section 44321 of the Health and Safety Code.
   (6) "Administering agency" means an agency designated pursuant to
Section 25502 of the Health and Safety Code.
   (7) "Handle" means handle as defined in Article 1 (commencing with
Section 25500) of Chapter 6.95 of Division 20 of the Health and
Safety Code.
   (8) "Facilities" means any source with a potential to use,
generate, emit or discharge hazardous air pollutants, including, but
not limited to, pollutants that meet the definition of a hazardous
substance, and whose process or operation is identified as an
emission source pursuant to the most recent list of source categories
published by the California Air Resources Board.
   (9) "Freeway or other busy traffic corridors" means those roadways
that, on an average day, have traffic in excess of 50,000 vehicles
in a rural area, as defined in Section 50101 of the Health and Safety
Code, and 100,000 vehicles in an urban area, as defined in Section
50104.7 of the Health and Safety Code.

§ 21151.9. Projects subject to this division; 

compliance requirement

Whenever a city or county determines that a project, as

defined in Section 10912 of the Water Code, is subject to this

division, it shall comply with Part 2.10 (commencing with Section

10910) of Division 6 of the Water Code.

§ 21151.10. Environmental impact reports for projects 

at specified airport; joint management alternative

(a) If an environmental impact report is prepared for a

project at an airport that is owned by a city and county and that is

located in another county that includes more than one acre of fill in

the San Francisco Bay, the environmental impact report shall

analyze, as an alternative to the project, a form of joint management

of that airport owned by the city and county and the Oakland

International Airport.  This joint management alternative shall

separately analyze an underground high-speed rail transit connection

and a high-speed ferry connection between the two airports and shall

utilize in both analyses all technological enhancements reasonably

expected to be available.  The analysis of the joint management

alternative shall include a meaningful evaluation, analysis, and

comparison of the alternative with the proposed project, and shall

assess the feasibility of the alternative notwithstanding that

changes in state law may be required for its implementation.  The

environmental impact report shall identify any changes in state law

that would be required in order to implement this alternative.

(b) Nothing in this section or in Section 21085.7 shall be

interpreted in a manner that alters the lead agency's obligation to

comply with this division in connection with proposed mitigation

measures other than the mitigation measure described in Section

21085.7.

(c) This section shall remain in effect only until January 1,

2008, and as of that date is repealed, unless a later enacted

statute, that is enacted before January 1, 2008, deletes or extends

that date.

§ 21152. Local agency; approval or determination 

to carry out project; notice; contents; public 

inspection; posting

 (a) Whenever a local agency approves or determines to
carry out a project that is subject to this division, the local
agency shall file notice of the approval or the 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 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) Whenever a local agency determines that a project is not
subject to this division pursuant to subdivision (b) of Section 21080
or pursuant to Section 21172, 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 the determination with the county clerk of each county in
which the project will be located.  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 or Section 21172.  The
certificate of determination may be in the form of a certified copy
of an existing document or record of the local agency.
   (c) All notices filed pursuant to this section shall be available
for public inspection, and shall be posted within 24 hours of receipt
in the office 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.

§ 21152.1 Local agency filing; notice of determination 

 (a) When a local agency determines that a project is not
subject to this division pursuant to Section 21159.22, 21159.23, or
21159.24, and it approves or determines to carry out that project,
the local agency or the person specified in subdivision (b) or (c) of
Section 21065, shall file notice of the determination with the
Office of Planning and Research.
   (b) All notices filed pursuant to this section shall be available
for public inspection, and a list of these notices shall be posted on
a weekly basis in the Office of Planning and Research.  Each list
shall remain posted for a period of 30 days.
   (c) Failure to file the notice required by this section does not
affect the validity of a project.
   (d) Nothing in this section affects the time limitations contained
in Section 21167.

§ 21153. Local lead agency; consultations prior 

to completion of impact report

  (a) Prior to completing an environmental impact report,
every local lead agency shall consult with, and obtain comments from,
each responsible agency, trustee agency, any public agency that has
jurisdiction by law with respect to the project, and any city or
county that borders on a city or county within which the project is
located unless otherwise designated annually by agreement between the
local lead agency and the city or county, and may consult with any
person who has special expertise with respect to any environmental
impact involved.  In the case of a project described in subdivision
(c) of Section 21065, the local lead agency shall, upon the request
of the project applicant, provide for early consultation to identify
the range of actions, alternatives, mitigation measures, and
significant effects to be analyzed in depth in the environmental
impact report.  The local lead agency may consult with persons
identified by the project applicant who the applicant believes will
be concerned with the environmental effects of the project and may
consult with members of the public who have made written request to
be consulted on the project.  A request by the project applicant for
early consultation shall be made not later than 30 days after the
date that the determination required by Section 21080.1 was made with
respect to the project.  The local lead agency may charge and
collect a fee from the project applicant in an amount that does not
exceed the actual costs of the consultations.
   (b) In the case of a project described in subdivision (a) of
Section 21065, the lead agency may provide for early consultation to
identify the range of actions, alternatives, mitigation measures, and
significant effects to be analyzed in depth in the environmental
impact report.  At the request of the lead agency, the Office of
Planning and Research shall ensure that each responsible agency, and
any public agency that has jurisdiction by law with respect to the
project, is notified regarding any early consultation.
   (c) A responsible agency or other public agency shall only make
substantive comments regarding those activities involved in a project
that are within an area of expertise of the agency or that are
required to be carried out or approved by the agency.  Those comments
shall be supported by specific documentation.

§ 21154. Issuance of project order by state; effect 

on impact report of local agency

Whenever any state agency, board, or commission issues an

order which requires a local agency to carry out a project which may

have a significant effect on the environment, any environmental

impact report which the local agency may prepare shall be limited to

consideration of those factors and alternatives which will not

conflict with such order.