Navigating the New Terrain: Understanding California's SB 69 and Its Impact on CEQA Procedures
In the ever-evolving landscape of environmental regulations, California has taken a significant step forward with the enactment of Senate Bill 69 (SB 69), effective January 1, 2024. This new legislation brings notable changes to the California Environmental Quality Act (CEQA), particularly concerning the filing requirements for Notices of Determination (NODs) and Notices of Exemption (NOEs). In this post, we'll delve into the details of SB 69, exploring its implications and what it means for local agencies, developers, and the public at large.
Enhanced Transparency and Accessibility
One of the cornerstones of SB 69 is the enhancement of public access to information. Prior to SB 69, local agencies were only required to file NODs and NOEs with the county clerk of the county where the project is located. However, the new law mandates that these documents must also be electronically filed with the Office of Planning and Research (OPR). This dual filing requirement is aimed at bolstering public notification and transparency regarding project approvals.
The 24-Hour Rule
In an effort to make information readily available, both the county clerk and the OPR State Clearinghouse are now obligated to post any NODs or NOEs on their official websites within 24 hours of receipt. This rapid posting requirement ensures that the public has timely access to vital information about environmental decisions impacting their communities.
Statute of Limitations Considerations
A key aspect of SB 69 is its potential impact on the statute of limitations under CEQA. The new law implies that the shortened statute of limitations will only apply if a local lead agency complies with the filing requirements with both the county clerk(s) and the OPR State Clearinghouse. This is a critical point for agencies to consider, as failure to comply could extend the period during which legal challenges to project approvals can be made.
Financial Implications
Alongside the procedural changes, SB 69 also introduces a fee increase for the Department of Fish and Wildlife. This increase, which took effect on January 1, 2024, affects various environmental documents and is an essential factor for project budgeting.
Potential Challenges for Smaller Agencies, Fire Safe Councils, and Nonprofits
While SB 69 aims to improve transparency and public engagement, it's important to consider the potential challenges it poses, especially for smaller agencies, fire safe councils, and nonprofit organizations. The dual filing requirement, along with the need for technological capability and familiarity with electronic filing systems, can be a significant administrative and financial burden for these entities. The increased workload, potential for delays, and legal risks associated with non-compliance, combined with the increased fees for the Department of Fish and Wildlife, could stretch their budgets and impact their ability to undertake projects.
The Bottom Line
SB 69 represents a significant shift in California's approach to environmental regulation, placing a greater emphasis on transparency and public access to information. Local agencies and stakeholders in the environmental review process need to understand these changes and adapt their practices accordingly.
For a deeper dive into the specifics of SB 69 and its implications, refer to the detailed discussions at the Office of Planning and Research, Kronick, and Best Best & Krieger LLP.
As we continue to navigate these new requirements, it's crucial to stay informed and proactive in adapting to these changes. The future of environmental governance in California hinges on our collective ability to understand and effectively implement these new regulations.
Senate Bill 69
Beginning January 1, 2024, Senate Bill (SB) 69 (Cortese, 2023) will require that local agencies electronically file all notices of determination (NODs) with the Office of Planning and Research (OPR) in addition to the county clerk of the county where the project will be located. Additionally, SB 69 requires local agencies filing notices of exemption (NOEs) with the local county clerk to also file with OPR.
Previous Requirements
When a local agency approves or determines to carry out a project subject to CEQA, Public Resources Code section 21152 requires that the local agency file NODs with the county clerk of each county in which the project will be located. Additionally, if the local agency prepares a NOE, section 21152 authorizes the local agency to file the NOE with the county clerk of the county where the project will be located.
What’s New
SB 69 requires that in addition to filing NODs with the county clerk, local agencies must also file NODs with OPR’s State Clearinghouse. SB 69 also requires that local agencies filing NOEs with the county clerk pursuant to section 21152 file the NOEs with OPR’s State Clearinghouse as well. The State Clearinghouse team will post any notice filed under section 21152, along with any subsequent or amended notices, to CEQAnet within 24 hours of receipt.