On July 16, 2021, CA Governor Gavin Newsom signed and filed with the Secretary of State Assembly Bill No. 819 (AB 819), amending nine statutory sections that are part of CEQA. The bill was filed as non-urgency legislation and will become effective on January 1, 2022.
AB No. 819 affects requirements for lead agencies submitting CEQA documents and notices to OPR’s (Office of Planning and Research) State Clearinghouse and County Clerks for filing and conditions for the posting of certain notices. According to its authors, “This bill would increase transparency in the environmental review process; modernizing the filing of CEQA-related reports. . . AB 819 updates the CEQA process to reflect this new technology to improve the accessibility and ease of the process.”
The new AB 819 legislation includes the following:
- In addition to the existing options of "certified mail" and "an equivalent procedure," lead agencies will now have the option to send notices of preparation (NOP) of an environmental impact report (EIR) to OPR and trustee agencies by email. The recipients may submit their responses and comments via email as well. (Revised Resources Code, § 21080.4(a).
- The updated legislation expands the requirement to submit environmental documents to OPR for all projects, instead of limiting submittal to specific types of projects or circumstances. (Revised Resources Code, § 21082.1(c)(4).)
- The revised legislation eliminates the option for a lead agency to submit hard copies of draft EIRs, proposed mitigated negative declaration, and proposed negative declarations to the State Clearinghouse. The lead agency is instead required to submit all environmental documents to OPR in an electronic form, rather than submitting hard copies. (Revised Resources Code, § 21082.1(c)(4).)
- Lead agencies will be required to post all EIRs (including, but not limited to draft EIRs), negative declarations, and mitigated negative declarations on their websites, if they have one. (New Resources Code, § 21082.1(d).)
- In addition to the primary methods of giving notice, notices of availability for review and comment for, and of any hearings on, Draft EIRs and proposed negative declarations and the related projects are now required to be posted on the lead agency’s internet website. (Revised Resources Code, § 21092(b)(3).)
- In addition to other existing requirements, notices of preparation (NOPs), notices of scoping meetings, notices of availability for review (NOAs), notices of completion, and notices of determination (NODs) will now be required to be posted by the lead agency on its internet website. (New Resources Code, § 21092.2(d).)
- In addition to the required posting in the relevant county clerk’s office, NOPs and NOAs will now be required to be posted on the county clerk’s internet website. (Revised Pub. Resources Code, § 21092.3.)
- In addition to other existing requirements, notices of preparation (NOPs), notices of scoping meetings, notices of availability for review (NOAs), notices of completion, and notices of determination (NODs) will now be required to be posted by the lead agency on its internet website. (New Resources Code, § 21092.2(d).)
- In addition to the required posting in the relevant county clerk’s office, NOPs and NOAs will now be required to be posted on the county clerk’s internet website. (Revised Pub. Resources Code, § 21092.3.)
- State agencies are required to file NODs electronically with OPR and are not required to mail printed copies of the NODs to OPR. Furthermore, state lead agency NODs filed with OPR will now be required to be available for public inspection for not less than 12 months on OPR’s internet website. (New and Revised Resources Code, §§ 21108(c), (d).)
- In addition to the existing in-office posting option, county clerks now have the option to post NODs on their internet websites. (Revised Pub. Resources Code, §21152(c).) Local lead agency NODs will be required to be filed electronically with the county clerk if that option is offered by the county clerk (Revised Resources Code, § 21152(d)).
- Using OPR's online process, notices of completion of environmental documents will now be required to be filed by public agencies with OPR. Mailing printed copies will not be required. (Revised Pub. Resources Code, § 21161.)
The regulatory landscape is continually evolving, and it can be challenging to stay informed so that you can meet legal requirements while achieving project objectives.
FirstCarbon Solutions (FCS), an ADEC Innovation, comprises over 100 individuals offering due diligence, technical analysis, planning, environmental compliance, permitting, and mitigation/monitoring services for public and private projects. FCS has more than 30 years of experience navigating the complexities of CEQA and securing project approvals. Our technical and legal teams are ready to provide assistance and guidance in moving your project forward. Contact us for a free consultation to learn more about how we can help with your specific project requirements.
