COVID-Related Conditional Suspension of CEQA Public Filing, Posting, Notice, and Other Requirements To Sunset On September 30, 2021 Under New Executive Order

Miller Starr Regalia
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Miller Starr Regalia

Pursuant to Governor Newsom’s June 11, 2021 Executive Order N-08-21, the conditional suspension of certain public agency requirements related to the filing and posting of CEQA notices (i.e., NOEs, NODs, and notices of intent and availability) will end on September 30, 2021.  The COVID-related suspension had previously been ordered in April 2020 by Executive Order N-54-20; it was later indefinitely extended by Executive Order N-80-20, as discussed in a prior October 12, 2020 post by Arielle Harris and me that can be accessed here.  The Governor’s new EO means that, as of September 30, the conditionally authorized alternative procedures for publicizing the relevant CEQA documents will no longer be authorized or available to public agencies, and the normal filing, noticing and posting requirements will resume and again apply with full force.

Executive Order N-08-21 also ends, as of September 30, 2021, the 60-day suspension of time frames for tribal consultation with respect to EIRs, negative declarations, and mitigated negative declarations, which was also effected by Executive Order N-54-20; however, to the extent any such time frame for requesting consultation and beginning the consultation process extends beyond September 30, the tribe and lead agency will still receive the benefit of the extension if the triggering event occurred on or before that date.

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