On January 1, 2022, Assembly Bill (AB) 819 (Levine, 2021), signed into law on July 16, 2021, takes effect and changes several CEQA communication, noticing, and filing requirements. Most notably, Public Resources Code section 21082.1(c)(4) now requires electronic submissions of draft environmental documents to the State Clearinghouse for all projects subject to CEQA review, regardless of whether the agency is a lead, responsible, or trustee agency or if the project is of sufficient statewide, regional, or areawide environmental significance. Documents include environmental impact reports (EIRs), negative declarations (NDs), and mitigated negative declarations (MNDs).
Other notable changes:
- Public Resources Code section 21092.2(d) requires that all lead agencies post CEQA-related notices on their websites, “if any.”
- Public Resources Code section 21092.3 requires notices of preparation (NOPs) and notices of availability for review (NOAs) to be posted on the county clerk’s website.
- Public Resources Code section 21108(d) now requires electronic filing of all notices of determination (NODs) and notices of exemption (NOEs) with the State Clearinghouse for which the lead agency is a state agency.
- Public Resources Code section 21161 requires all notices of completion (NOCs) to be filed electronically with the State Clearinghouse; mailed copes are no longer required.
All document submitters must be registered in OPR’s “CEQA Submit” to upload and submit documents and notices. For instructions on how to register and electronically submit documents, visit: http://opr.ca.gov/sch/document-submission.html.
For the State’s technical advisory on AB 819, visit: http://opr.ca.gov/sch/docs/20211202-Submitting_CEQA_Docs_to_the_SCH_Under_AB_819.pdf.