AB 819 Revises Statutory Procedures For Submitting Lead Agency CEQA Documents And Notices To OPR’s State Clearinghouse, Expands Requirements/ Options For Electronic Posting Of Notices By Lead Agencies And County Clerks

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Miller Starr Regalia

Assembly Bill No. 819 (AB 819), was signed by the Governor and filed with the Secretary of State on July 16, 2021, and as non-urgency legislation will become effective on January 1, 2022.  The bill amends nine statutory sections that are part of CEQA, and it affects requirements for lead agencies submitting CEQA documents and notices to OPR’s State Clearinghouse and to County Clerks for filing, and also requirements for the posting of certain notices.  Highlights of the new AB 819 legislation include:

  • Lead agencies will now have the option to send notices of preparation of an EIR (NOPs) to OPR and responsible and trustee agencies by email (in addition to the existing options of ”certified mail” or “an equivalent procedure”) and those recipients may submit their responses with written information by email as well. (Revised Resources Code, § 21080.4(a).)
  • Lead agencies will now be required to submit all DEIRs and proposed negative declarations and MNDs to OPR, and will be required to submit them in electronic form as required by OPR, rather than submitting hard copies. (Revised Resources Code, § 21082.1(c)(4).)
  • Lead agencies will also be required to post DEIRs, EIRs, negative declarations, and MNDs on their internet websites, if they have one. (New Resources Code, § 21082.1(d).)
  • Notices of availability for review and comment for, and of any hearings on, DEIRs and proposed negative declarations and the related projects will now, in addition to the prior methods of giving notice, also be required to be posted on the lead agency’s internet website. (Revised Resources Code, § 21092(b)(3).)
  • Notices of preparation (NOPs), notices of scoping meetings, notices of availability for review (NOAs), notices of completion, and notices of determination (i.e., the NODs that trigger CEQA’s short, 30-day statutes of limitations) will now, in addition to other existing requirements, be required to be posted by the lead agency on its internet website, if any. (New Resources Code, § 21092.2(d).)  NOPs and NOAs will now, in addition to the required posting in the relevant county clerk’s office, also be required to be posted on the county clerk’s internet website.  (Revised Pub. Resources Code, § 21092.3.)
  • 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; posting requirements for OPR have been deleted, and state agencies are required to file NODs electronically with OPR, and are not required to mail printed copies of the NODs to OPR. (New and Revised Resources Code, §§ 21108(c), (d).)
  • Local lead agency NODs will be required to be filed electronically with the county clerk if that option is offered by the county clerk (new Resources Code, § 21152(d)), and county clerks will now have the option of posting the NODs on their internet websites (as well as the existing in-office posting option). (Revised Pub. Resources Code, §21152(c).)
  • Notices of completion of environmental documents will now be required to be filed by public agencies with OPR using OPR’s online process, and mailing printed copies will not be required. (Revised Pub. Resources Code, § 21161.)

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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