California Public Resources Code

§ 21091

PRC § 21091 Effective Jan 1, 2022Div. 13 · Ch. 2.6

Statute text

(a)The public review period for a draft environmental impact report shall not be less than 30 days. If the draft environmental impact report is for a proposed project where a state agency is the lead agency, a responsible agency, or a trustee agency; a state agency otherwise has jurisdiction by law with respect to the project; or the proposed project is of sufficient statewide, regional, or areawide significance as determined pursuant to the guidelines certified and adopted pursuant to Section 21083, the review period shall be at least 45 days, and the lead agency shall provide the document, in an electronic form as required by the Office of Planning and Research, to the State Clearinghouse for review and comment by state agencies.

(b)The public review period for a proposed negative declaration or proposed mitigated negative declaration shall not be less than 20 days. If the proposed negative declaration or proposed mitigated negative declaration is for a proposed project where a state agency is the lead agency, a responsible agency, or a trustee agency; a state agency otherwise has jurisdiction by law with respect to the project; or the proposed project is of sufficient statewide, regional, or areawide significance as determined pursuant to the guidelines certified and adopted pursuant to Section 21083, the review period shall be at least 30 days, and the lead agency shall provide the document, in an electronic form as required by the Office of Planning and Research, to the State Clearinghouse for review and comment by state agencies.

(c)(1) Notwithstanding subdivisions (a) and (b), if a draft environmental impact report, proposed negative declaration, or proposed mitigated negative declaration is submitted to the State Clearinghouse for review and the period of review by the State Clearinghouse is longer than the public review period established pursuant to subdivision (a) or (b), whichever is applicable, the public review period shall be at least as long as the period of review and comment by state agencies as established by the State Clearinghouse.

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Legislative history

Amended by Stats. 2021, Ch. 97, Sec. 3. (AB 819) Effective January 1, 2022.