State Environmental Quality Act

Chapter 1: Statement of Policy and Intent.

The Legislature finds and declares that it is the policy of the State of <insert State name> to do the following:

(A) Develop and maintain a high-quality environment now and in the future, and take all action necessary to protect, rehabilitate, and enhance the environmental quality of the State;

(B) Take all action necessary to provide the people of this State with clean air and water, enjoyment of aesthetic, natural, scenic, and historic environmental qualities, and freedom from excessive noise;

(C) Prevent the elimination of fish or wildlife species due to human activities, ensure that fish and wildlife populations do not drop below self-perpetuating levels, and preserve for future generations representations of all plant and animal communities of this State;

(D) Ensure that the long-term protection of the environment, consistent with the provision of a suitable living environment for every State citizen, shall be the guiding criterion in public decisions;

(E) Create and maintain conditions under which humans and nature can exist in productive harmony to fulfill the social and economic requirements of present and future generations;

(F) Require governmental agencies at all levels to develop standards and procedures necessary to protect environmental quality;

(G) Require governmental agencies at all levels to consider qualitative and technical factors, as well as economic factors; to consider long-term as well as short-term benefits and costs; and to consider alternatives to proposed actions affecting the environment;

(H) Regulate activities of public agencies which are found to affect the quality of the environment, so that major consideration is given to preventing environmental damage in this State; and

(I) Deny projects as proposed if there are feasible alternatives or feasible mitigation measures available which would substantially lessen the significant environmental effects of such projects. The procedures required by this Act are intended to assist public agencies in systematically identifying both the significant effects of proposed projects and the feasible alternatives or feasible mitigation measures which will avoid or substantially lessen such significant effects. The Legislature further finds and declares that in the event specific economic, social, or other conditions make infeasible such project alternatives or such mitigation measures, individual projects may be approved in spite of one or more significant effects thereof.

Chapter 2: Definitions.

For the purposes of this Act, the terms below are defined as follows:

(A) “Environment” means the physical conditions which exist within the area which will be affected by a proposed project, including land, air, water, minerals, flora, fauna, noise, and objects of historic or aesthetic significance.

(B) “Environmental Assessment” or “EA” means an informational document which every public agency shall prepare for its proposed projects. The purpose of an Environmental Assessment is to either issue a “Finding of No Significant Impact” or to determine that further assessment of the project is necessary through preparation of an Environmental Impact Statement.

(C) “Environmental Impact Statement” or “EIS” means an informational, detailed document setting forth the matters specified in this Act, which, when its preparation is required by this Act, shall be considered by every public agency prior to its approval or disapproval of a project. The purpose of an Environmental Impact Statement is to provide public agencies and the public in general with detailed information about the effect which a proposed project is likely to have on the environment; to list ways in which the significant effects of such a project might be minimized; and to indicate alternatives to such a project.

(D) “Finding of No Significant Impact” means a written statement, which may be included in an Environmental Assessment, briefly describing the reasons that a proposed project will not have a significant effect on the environment and therefore does not require the preparation of an Environmental Impact Statement.

(E) “Lead agency” means the public agency which has the principal responsibility for carrying out or approving a project.

(F) “Person” means any human, organization, agency, corporation, or other entity.

(G) “Project” means any activity which may cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and which is any of the following:

(H) “Public agency” means any state or local agency, board, or commission; any county, city, city and county, or regional agency; or an agency of any other political subdivision.

(I) “Significant effect on the environment” means a substantial, or potentially substantial, change in the environment.

(J) “Substantial evidence” means evidence including facts, reasonable assumptions predicated upon facts, and expert opinion supported by facts. Argument, speculation, unsubstantiated opinion or narrative, or evidence which is clearly inaccurate or erroneous is not substantial evidence.

Chapter 3: Assessment of Environmental Impacts.

Section 3.1: Environmental Assessments on proposed projects; significant effects; Findings of No Significant Impact.

(A) All lead agencies shall prepare, or cause to be prepared by contract, and certify the completion of, an Environmental Assessment on any proposed project. On the basis of substantial evidence in light of the whole record, the Environmental Assessment either shall conclude that the project may have a significant effect on the environment or shall enter a Finding of No Significant Impact.

(B) If there is substantial evidence, in light of the whole record before the lead agency, that a project may have a significant effect on the environment, an Environmental Impact Statement shall be prepared.

Section 3.2: Environmental Impact Statements on proposed projects.

(A) All lead agencies shall prepare, or cause to be prepared by contract, and certify the completion of, an Environmental Impact Statement on any project which they propose to carry out or approve that may have a significant effect on the environment.

(B) The Environmental Impact Statement shall include a detailed statement setting forth all of the following:

(C) The Environmental Impact Statement shall also contain a brief statement indicating the reasons for determining which, if any, various effects on the environment of a project are not significant and consequently have not been discussed in detail in the Statement.

Section 3.3: Best available alternative; mitigation.

(A) Each lead agency shall choose the best available alternative to action which, to the maximum extent practicable, minimizes or avoids adverse environmental effects.

(B) Each lead agency shall mitigate or avoid the significant effects on the environment of projects that it carries out or approves whenever it is feasible to do so.

Section 3.4: <Insert name of appropriate State agency>; preparation and development of guidelines.

The <insert name of appropriate State agency> shall prepare and develop proposed guidelines for the implementation of this Act by public agencies. The guidelines shall include objectives and criteria for the orderly evaluation of projects and the preparation of documents in a manner consistent with this Act.

(A) The guidelines shall specifically include criteria for public agencies to follow in determining whether or not a proposed project may have a significant effect on the environment. The criteria shall require a finding that a project may have a significant effect on the environment if any of the following conditions exist:

(B) The guidelines shall also include criteria for public agencies to use in determining when a proposed project is of sufficient statewide, regional, or area-wide environmental significance that it should be submitted to appropriate state agencies for review and comment prior to completion of an Environmental Assessment or Environmental Impact Statement.

(C) The <insert name of appropriate State agency> shall develop and prepare the proposed guidelines as soon as practicable.

Section 3.5: Establishment of time limits for Environmental Assessments and Environmental Impact Statements.

(A) For its projects, each public agency shall establish, by resolution or order, time limits that do not exceed the following:

(B) If an Environmental Assessment or Environmental Impact Statement is prepared under a contract to a public agency, the contract shall be executed within 45 days from the date on which the public agency sends a notice of preparation. The public agency may take longer to execute the contract if the project applicant and the public agency mutually agree to an extension of the time limit provided by this subsection.

Section 3.6: Notice; opportunity to comment; availability to legislature and general public.

(A) Whenever a public agency, board, or commission approves or determines to carry out a project, it shall file notice of that approval or that determination with the <insert name of your State’s Office of Planning and Research>.

(B) Lead agencies shall solicit and consider comments from the public and public agencies on environmental documents, including, but not limited to, Environmental Assessments and draft Environmental Impact Statements, in order to help the lead agencies identify potential significant effects of a project, alternatives, and mitigation measures which would substantially reduce the effects.

(C) The lead agency shall make available each Environmental Assessment and Environmental Impact Statement to the following:

Chapter 4: Proceedings.

Section 4.1: Enforcement; commencement of actions or proceedings.

(A) Any person may enforce the provisions of this Act.

(B) Any action or proceeding to challenge, review, set aside, void, or annul the following acts or decisions of a public agency on the grounds of noncompliance with this Act shall be commenced as follows:

Section 4.2: Settlement meetings; settlement conference.

(A) Not later than 20 days from the date of service upon a public agency of a petition or complaint, the public agency shall file with the court a notice setting forth the time and place at which all parties shall meet and attempt to settle the litigation. The meeting shall be scheduled and held not later than 45 days from the date of service of the petition or complaint upon the public agency. The notice of the settlement meeting shall be served by mail upon the counsel for each party. If the public agency does not know the identity of counsel for any party, the notice shall be served by mail upon the party for whom counsel is not known.

(B) At the time and place specified in the notice filed with the court, the parties shall meet and confer regarding anticipated issues to be raised in the litigation and shall attempt in good faith to settle the litigation and the dispute which forms the basis of the litigation. The settlement meeting discussions shall be comprehensive in nature and shall focus on the legal issues raised by the parties concerning the project that is the subject of the litigation.

(C) The settlement meeting may be continued from time to time without postponing or otherwise delaying other applicable time limits in the litigation. The settlement meeting is intended to be conducted concurrently with any judicial proceedings.

(D) If the litigation is not settled, the court, in its discretion, may, or at the request of any party, shall, schedule a further settlement conference before a judge of the superior court. If the petition or complaint is later heard on its merits, the judge hearing the matter shall not be the same judge conducting the settlement conference, except in counties that have only one judge of the superior court.

Section 4.3: Noncompliance with Act; court orders.

If a court finds, as a result of a trial, hearing, or remand from an appellate court, that any determination, finding, or decision of a public agency has been made without compliance with this Act, the court shall enter an order that includes one or more of the following:

(A) A mandate that the determination, finding, or decision be voided by the public agency, in whole or in part.

(B) If the court finds that a specific project activity or activities will prejudice the consideration or implementation of particular mitigation measures or alternatives to the project, a mandate that the public agency and any real parties in interest suspend any or all specific project activity or activities, pursuant to the determination, finding, or decision, that could result in an adverse change or alteration to the physical environment, until the public agency has taken any actions that may be necessary to bring the determination, finding, or decision into compliance with this Act.

(C) A mandate that the public agency take specific action as may be necessary to bring the determination, finding, or decision into compliance with this Act.

(D) A mandate that the public agency pay attorneys’ fees to plaintiff.

Chapter 5: Effective Date.

Unless otherwise specified, this Act shall become effective six months from enactment.

Chapter 6: Funding.

All expenses born from implementing this Act shall be the undertaken by each agency.

Chapter 7: Severability.

If any provision of this Act or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this Act which can be given effect without regard to the invalid provision or application, and to this end the provision of this Act are severable.