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Text of Bill – AB-1774 California Environmental Quality Act – water conveyance and storage projects: judicial review.

Text of Bill – AB-1774 California Environmental Quality Act – water conveyance and storage projects: judicial review.

21168.6.10.

(a) The following definitions are applicable to this section:

(1)Water conveyance/storage facility is a facility that allows water to be transported or stored for beneficial purposes.

(2)Water conveyance project or storage project refers to a project that involves the repair, expansion, or construction of a new water conveyance.

(b)The Judicial Council shall adopt rules of court to establish procedures for actions or proceedings that are required to attack, review or set aside the certification of an
Environmental impact report for a water conveyance/storage project or the granting any project approvals that requires the actions or proceedings, such as any potential appeals before the court of appeal, to be resolved within 270 days from the filing of the certified records of proceedings with court.

(c)Nonobstant any other law the preparation and certification for the record of proceedings in relation to a water conveyance project or storage project shall follow the following:

(1) The lead agency for the project shall prepare a record of proceedings under this section concurrently with the administrative processes.

(2) All documents and other materials included in the record of proceedings shall become available on an internet website maintained and maintained by the lead agency. This shall begin with the date that the draft environmental impact reports was released.

(3) The lead agency shall make available in an electronically accessible format the draft of the environmental impact report and all documents submitted to it or relied on in preparation of the draft.

(4)Any document submitted by the applicant or prepared by the lead agency after the date of publication of the draft environmental impacts report, which is part of the record of proceedings, shall
Within five days of the release or receipt by the lead agency, the document shall be made accessible to the public in an electronic format.

(5) The lead agency shall encourage all written comments on the project in an electronic format and shall make any comments available to the public electronically within five days of receipt.

(6) Within seven working days of receipt of any comment not in an electronic format the lead agency shall convert it into an accessible electronic format and make that available to the public.

(7) Documents submitted to or relied upon by the lead agency and not specifically prepared for the project and are not subject to copyright protection are not required to be made easily accessible in an electronic format. For copyright-protected materials, the lead agent must make an index of those documents in electronic format within five business days of the publication of the draft environmental report. This applies to documents received or relied upon by the lead agencies after the release. The index must identify the libraries or offices of the lead agency in which hardcopies are available for public inspection.

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(8) The lead agency must certify the final record within five days after it approves the project.

(9) The superior court shall resolve any dispute arising from the proceedings record. Unless otherwise directed by the superior court, any party disputing the contents of the record must file a motion for enhancement of the record at the same time it files its initial brief.

(10) The contents and order of proceedings shall conform to subdivision (e) of Section 221167.6.

(d)(1) A notice in not less than 12-point font must be included in the draft and final environmental impact reports for the water conveyance and storage project.

THE APPLICANT HAS ELECTED TO PROCEED UNDER SECTION 21168.6.10 OF THE PUBLIC RESOURCES CODE, WHICH PROVIDES, AMONG OTHER THINGS, THAT ANY JUDICIAL ACTION CHALLENGING THE CERTIFICATION OF THE ENVIRONMENTAL IMPACT REPORT (EIR) OR THE APPROVAL OF THE PROJECT DESCRIBED IN THE EIR IS SUBJECT TO THE PROCEDURES SET FORTH IN SECTION 21168.6.10 OF THE PUBLIC RESOURCES CODE. A COPY of SECTION 21168.6.10 IS INCLUDED IN THIS EIR.

(2)The full text of this section must be included as an appendix in both the draft and final environmental impact reports.

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