California Environmental Quality Act: judicial and administrative proceedings: limitations.

The California Environmental Quality Act (CEQA) requires, among other things, 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 requires a state agency or a local agency that approves or determines to carry out a project subject to CEQA to file a notice of determination with the Office of Planning and Research or the county clerk of each county in which the project will be located, as provided. CEQA authorizes a state agency or a local agency that determines that a project is not subject to CEQA to file a notice of exemption with the office or the county clerk of each county in which the project will be located, as provided. If a person has made a written request to a public agency for a copy of a notice of determination or notice of exemption for a project before the date on which the public agency approves or determines to carry out the project, CEQA requires the public agency, no later than 5 days from the date of the public agency's action, to deposit a copy of the written notice addressed to that person in the United States mail, first class postage prepaid. CEQA provides that the date upon which the notice is mailed does not affect the limitations periods applicable to specified actions or proceedings to attack, review, set aside, void, or annul specified acts or decisions of a public agency on the grounds of noncompliance with CEQA. This bill would additionally authorize a person to request a copy of the notice of determination or notice of exemption for a project to be delivered to that person by electronic mail, if a public agency offers to provide the notice by electronic mail. The bill would require the public agency, no later than 5 days from the date of the public agency's action, to provide to that person by electronic mail a copy of the notice. The bill would require a public agency to provide both the notice and any subsequent amendments to that notice in response to a written request for the notice, regardless of the delivery method. By requiring a local agency to provide a copy of any subsequent amendments to a notice, along with the notice, the bill would impose a state-mandated local program. The bill would toll the limitations periods applicable to specified actions or proceedings to attack, review, set aside, void, or annual specified acts or decisions of a public agency until the date on which the public agency deposits in the mail or sends by electronic mail to the requestor a copy of the notice, including subsequent amendments. This bill would make technical and nonsubstantive changes to other CEQA provisions. 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.