California Environmental Quality Act: notices and documents: electronic filing and posting.

The California Environmental Quality Act (CEQA) requires 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 also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. The act requires the lead agency to mail certain notices to persons who have filed a written request for notices. This bill would require the lead agency and the project applicant to post those notices on their internet website. CEQA requires a lead agency to submit to the State Clearinghouse in sufficient number of copies, in either hard-copy or electronic form, a draft environmental impact report, proposed negative declaration, or proposed mitigated negative declaration for projects in which a state agency is the lead agency, a responsible agency, or a trustee agency; a state agency otherwise has jurisdiction with respect to the project; or the project is of sufficient statewide, regional, or areawide environmental significance. This bill would instead require a lead agency to submit to the State Clearinghouse, in electronic form, the above-described environmental review documents for all projects and would require the lead agency and project applicant to post those documents on their internet website. CEQA requires a state agency, if it determines to carry out or approve a project that is subject to CEQA, to file a notice of determination with the Office of Planning and Research. CEQA authorizes a state agency, if it determines that a project is not subject to CEQA, to file a notice of exemption with the Office of Planning and Research. This bill would require the notice of determination or the notice of exemption to be filed electronically by the state agency. CEQA requires a local agency, if it determines to carry out or approve a project that is subject to CEQA, to file a notice of determination with the county clerk of a county in which the project will be located. CEQA authorizes a local agency, if it determines that a project is not subject to CEQA, to file a notice of exemption with the county clerk of a county in which the project will be located. This bill would require the notice of determination or notice of exemption to be filed electronically by the local agency if that option is offered by the county clerk. Because this bill would impose additional duties on a lead agency, this bill would impose a state-mandated local program. 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.