Senate Bill No. 245
(By Senators Withers, Holliday, Macnaughtan and Grubb)
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(Introduced February 2, 1994;
referred to the Committee on Natural Resources;
and then to the Committee on Finance.]
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A BILL to amend chapter twenty-two of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, by adding
thereto a new article, designated article one-a, relating to
the environmental quality act; purposes and findings;
definitions; requiring state entities to develop
environmental impact reports, exemptions, findings of no
significant impact, substitution with environmental impact
statements prepared in accordance with the national
environmental policy act, lead and cooperating agency
determinations and responsibilities; environmental impact
report process, purpose and timing, scoping, lead agency
directives; preparation stages of drafts, supplements and
final reports; format for reports; directing solicitation of
and responses to public comments; directing agencies to
prepare a public record of decision for each approved
project; requiring notice of environmental impact reports
prior to agency decisions on projects; fees; preparation of
environmental impact reports by private entities;
certification of regulatory programs; agency directives for
requesting project funds, determining budgets for
environmental protection, reviewing statutory authority,
policies and procedures to comply with this article; appeals
process; judicial review; citizen reports; severability; and
applicability.
Be it enacted by the Legislature of West Virginia:
That chapter twenty-two of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, be amended by
adding thereto a new article, designated article one-a, to read
as follows:
ARTICLE 1A. STATE ENVIRONMENTAL QUALITY ACT.
§22-1A-1. Legislative findings and purpose.
(a) The Legislature finds that:
(1) The division of environmental protection policy
statements and structure of article one, chapter twenty-two of
this code provide:
(A) Guidance for the establishment of a centralized and
comprehensive agency charged with implementing the environmental
protection programs of the state;
(B) Opportunity for public participation in the development
and execution of state environmental programs; and
(C) Direction toward an integrated and interdisciplinary
approach to decision-making.
(2) Mechanisms for environmental review and public
participation in state agency actions and decision-making that
may impact the environment are currently inadequate or
nonexistent.
(3) State agency actions should be subject to and would
benefit from environmental review and public participation in
view of the established state policy regarding the division of
environmental protection.
(4) Statutory provisions are needed to ensure that the
actions of all state agencies are consistent with the policy and
goals of article one, chapter twenty-two of this code.
(5) The National Environmental Policy Act of 1969, which
governs federal actions, provides a well-tested and feasible
framework to guide establishment of similar provisions at the
state level and should be relied upon in interpreting similar
requirements of this Act.
(6) Fifteen states have also enacted similar provisions.
(b) The purposes of this article are:
(1) To establish statutory mechanisms for environmental
review of state-sponsored or state-funded actions that have the
potential to impact the environment;
(2) To provide for certification of state regulatory
programs in order to assure protection of the environment while
avoiding unnecessary duplication consistent with the established
policy of the division of environmental protection;
(3) To ensure that such review will be used as part of the
decision-making process for all such state agency actions;
(4) To provide for public participation in the environmental
review and decision-making process for such actions;
(5) To ensure integration of state regulatory programs for
projects in which more than one regulatory program is involved;
(6) To enhance the accountability of state agencies to thepublic by requiring agencies to analyze and disclose the impacts
of their actions to the public;
and
(7) To require state agencies to consider qualitative
factors, as well as economic and technical factors, long-term
benefits and costs, in addition to short-term benefits and costs,
and to consider alternatives to proposed actions affecting the
environment.
§22-1A-2. Definitions.
The terms used in this article are defined as follows:
(a) "Agency" means any unit of state, municipal or county
government;
(b) "Division" means the division of environmental
protection;
(c) "Director" means the director of the division of
environmental protection;
(d) "Effect" and "impact" are synonymous and include direct
and indirect results of a project on the ecological, aesthetic,
historic, cultural, economic, social and health aspects of
society and the environment;
(e) "Environmental impact report" means a detailed written
statement as required and defined by sections three, four and
five of this article;
(f) "Finding of no significant impact" means a document
prepared by the lead agency which briefly presents the reasons
why a project will not have a significant effect on the human
environment and for which an environmental impact report,
therefore, will not be prepared;
(g) "Human environment" shall be interpreted comprehensively
to include the natural and physical environment and the
relationship of people with that environment;
(h) "Lead agency" means the state agency, board or
commission having taken primary responsibility for preparing an
environmental impact report;
(i) "Mitigation" means avoiding, minimizing, rectifying or
compensating for the impact of a project on the environment;
(j) "Person" means any individual, group organization; or
corporation; partnership; agency or other entity.
(k) "Project" means the following:
(1) Activities directly undertaken by any public agency;
(2) Activities undertaken by a person which are supported,
in whole or in part, through grants, contracts, subsidies, loans
or other forms of assistance from one or more public agencies; or
(3) Activities involving the issuance to a person of a
lease, permit, license, certificate or other entitlement for use
by one or more public agencies;
(l) "Responsible state official" means the director of the
lead agency; and
(m) "Significant" means the severity of the short-term and
cumulative impacts of the projects on the environment; the degree
to which the proposed action affects public health or safety,
unique characteristics of a geographic area, historic or cultural
resources, the human environment or threatened and endangered
species and their habitat; and the degree to which an action may
establish a precedent for future actions with significant
effects.
§22-1A-3. Environmental impact report required of state
agencies, boards and commissions.
(a) All state agencies, boards and commissions shall include
in any report on any project they propose to carry out, which
could have a significant effect on the environment of the state,
a detailed written statement by the responsible state official
setting forth the following in an environmental impact report:
(1) The environmental impact of the proposed action;
(2) Any adverse environmental effects which cannot be
avoided if the proposal is implemented;
(3) Mitigation measures proposed to minimize the impact;
(4) Alternatives to the proposed action;
(5) The relationship between local short-term uses of the
environment and the maintenance and enhancement of long-term
sustainability, quality and productivity of the resources in
question; and
(6) Any irreversible environmental changes which would be
involved in the proposed action should it be implemented.
(b) Pursuant to the policy stated in article one, chapter
twenty-two, no state agency may approve or carry out a project
for which an environmental impact report has been completed which
identifies one or more significant impacts unless such state
agency, based on substantial evidence in the record, makes one or
more of the following findings:
(1) Changes or alterations have been required in, or
incorporated into, such project which mitigate or avoid the
significant effects thereof as identified in the completed
environmental impact report;
(2) Such changes or alterations are within the
responsibility and jurisdiction of another state agency and such
changes have been adopted by such other agency or can and should
be adopted by such other agency; or
(3) Specific economic, social or other considerations which
shall be described and identified in the record of decision as
described in section five-i, make infeasible the mitigation
measures or project alternatives identified in the environmental
impact report.
(c) No state agency may request funds, nor may any state
agency which authorizes expenditures of funds, authorize funds
for expenditure, for any project, other than a project involving
only feasibility or planning studies for possible future action,
which may have a significant effect of the environment unless
such request or authorization is accompanied by an environmental
impact report. Feasibility and planning studies exempted by this
provision from the preparation of an environmental impact report
shall nevertheless include consideration of environmental factors
and public notification of such studies.
§22-1A-4. Findings of no significant impact; environmental
impact reports; lead agency designation.
(a) Exemptions. -- Environmental impact report requirements
apply to all discretionary projects proposed to be carried out or
approved by public agencies except the following:
(1) Administrative projects proposed to be carried out or
approved by public agencies;
(2) Emergency repairs to public service facilities necessary
to maintain service or protect public health and safety;
(3) Projects undertaken, carried out or approved by a public
agency to maintain, repair, restore, demolish or replace property
or facilities damaged or destroyed as a result of a disaster in
a disaster-stricken area in which a state of emergency has been
proclaimed by the governor pursuant to state code; and
(4) Specific actions necessary to prevent or mitigate an
emergency.
(b) Findings of no significant impact. -- If a lead agency
determines that a proposed project, not otherwise exempt from the
provisions of this article, does not have a significant effect on
the environment, such lead agency shall issue a finding to that
effect and shall publish a Class I advertisement in a newspaper
of general circulation in the area affected. The finding of no
significant impact shall be prepared in either of the following
circumstances:
(1) There is no substantial evidence before the agency that
the project may have a significant effect on the environment; or
(2) An initial study identifies potentially significant
effects on the environment but revisions have been incorporated
into the project plans or proposal, which will avoid or mitigate
the effects to a point where clearly no significant effects would
occur, and there is no substantial evidence before the agency
that the project as revised may have a significant effect on the
environment.
Agencies shall allow thirty days from the date of
publication of the finding of no significant impact for appeals
of the finding before taking any action on the proposal which
would limit the choice of reasonable alternatives.
(c) Relationship to National Environmental Policy Act. --
When an environmental impact statement has been or will be
prepared for the same project pursuant to the requirements of the
National Environmental Policy Act of 1969 and implementing
regulations, all or any part of that statement may be submitted
in lieu of all or any part of an environmental impact report
required by this article if that statement or the part which is
used complies with the requirements of this article.
(d) Lead agency. -- A lead agency shall supervise the
preparation of an environmental impact report if more than one
agency is involved in the same action or is involved in a group
of actions directly related to each other because of their
functional interdependence or geographical proximity. State,
federal or local agencies may act as joint lead agencies to
prepare an environmental impact report. The potential lead
agencies shall determine by letter or memorandum which agency
shall be the lead agency and which shall be cooperating agencies.
If there is disagreement among the agencies, lead agency
designation shall be determined by the magnitude of each agency's
involvement, project approval authority and agency expertise
concerning the actions environmental effects. In the event of a
dispute, the question shall be resolved by the director of the
division of environmental protection.
(e) Cooperating agencies. -- Interagency cooperation shall
be pursued early in the environmental impact report process in
order to promote interdisciplinary environmental analysis. Any
agency with jurisdiction over a project shall be a cooperating
agency which shall participate in the scoping process and shallprovide comments and needed information to the lead agency. Lead
agencies may consult with other agencies who have special
expertise with respect to any environmental impacts involved.
Lead agencies may also consult with members of the public who
have requested involvement in the development of the
environmental impact report.
§22-1A-5. Environmental impact report process and format.
(a) Purpose and timing. -- The environmental impact report
shall serve as an action-forcing mechanism to assure that the
policies and goals defined in section one of this article are
implemented in all ongoing programs and actions of state
government. An agency shall commence preparation of an
environmental impact report as close as possible to the time an
agency is developing or is presented with a proposal so that it
can be completed in time for the final report to be included in
any recommendation or report on the proposal. The statement
shall be prepared early enough so that it can serve practically
as an important contribution to decision-making and is not used
to rationalize or justify decisions already made.
(b) Scoping. -- There shall be an early and open process for
determining the scope of the issues to be addressed and for
identifying the significant issues related to a proposed action.
As soon as practicable after determining to prepare an
environmental impact report and before the scoping process, the
lead agency shall publish a Class I notice of intent in
newspapers of general circulation in the area of the project. In
the scoping process, the lead agency shall:
(1) Invite the participation of affected federal, state andlocal agencies, the proponent of the action, and other interested
persons including those who might not be in accord with the
proposed action on environmental grounds;
(2) Determine the scope and the significant issues to be
analyzed in depth in the environmental impact report;
(3) Identify and eliminate from detailed study the issues
which are not significant or which have been covered by prior
environmental review, narrowing the discussion of these issues in
the environmental impact report to a brief presentation of why
they were eliminated;
(4) Identify other environmental review and consultation
requirements such as permits, licenses, plans, etc. so the lead
and cooperating agencies may prepare other required analyses and
studies concurrently with, and integrated with the environmental
impact report; and
(5) Indicate the relationships among the timing of the
preparation of environmental analyses and the agencies tentative
planning and decision-making schedule.
(c) The environmental impact report shall be prepared using
an interdisciplinary approach, which will ensure the integrated
use of natural and social sciences and the environmental design
arts, and shall be written in plain language so that
decisionmakers and the public can readily understand it. The
disciplines of the preparers shall be appropriate to the scope
and issues identified in the scoping process.
(d) The environmental impact report shall be prepared in two
stages and may be supplemented.
(1) A draft environmental impact report shall be prepared inaccordance with the scope decided upon in the scoping process.
The draft report must fulfill and satisfy to the fullest extent
practicable the requirements established for final environmental
impact reports. If a draft environmental impact report is so
inadequate as to preclude meaningful analysis, the agency shall
prepare and circulate a revised draft of the appropriate portion.
The agency shall make every effort to disclose and discuss at
appropriate points in the draft report, all major points of view
on the environmental impacts of the alternatives including the
proposed action.
(2) After circulation of the draft as described in
subsection (f) of this section, the lead agency shall prepare a
final environmental impact report responsive to comments received
and discussing the agency's response to any reasonable opposing
view which was not addressed in the draft.
(3) Supplements to the draft or final environmental impact
reports shall be prepared any time the agency makes substantial
changes in the proposed action that are relevant to environmental
concerns or if there are significant new circumstances or
information relevant to environmental concerns and bearing on the
proposed action and its impacts. Supplements may also be
prepared any time the agency determines that the purposes of this
article will be furthered by doing so. Supplements to an
environmental impact report shall be prepared, circulated and
filed in the same manner as a draft and final environmental
impact report.
(e) Agencies shall use a format for environmental impact
reports which will encourage good analysis and clearpresentations of the alternatives including the proposed action.
The following format shall be used unless the agency determines
that there is a compelling reason to do otherwise:
(1) Cover sheet;
(2) Summary;
(3) Table of contents;
(4) Purpose of and need for action;
(5) Alternatives including the proposed action and the no
action alternative;
(6) Affected environment;
(7) Environmental consequences of each alternative;
(8) List of preparers;
(9) List of agencies, organizations and persons consulted;
and
(10) Appendices (if any).
The environmental impact report shall also list all permits,
licenses and other entitlements which must be obtained in
implementing the proposal.
(f) Agencies shall circulate the entire draft and final
environmental impact report, except that if the environmental
impact report is unusually long, a summary may be circulated
instead. In any case, the entire environmental impact report
shall be circulated without charge to any federal, state or local
agency with jurisdiction or special expertise with respect to any
environmental impact involved, any person, organization or agency
requesting the entire report, or, in the case of a final report,
any person, organization or agency which submitted substantive
comments on the draft.
(g) Public involvement. -- After preparing a draft
environmental impact report and before preparing a final
environmental impact report, the agency shall request comments
from:
(1) Any state, federal or local agency which has
jurisdiction or special expertise with respect to any
environmental impact involved;
(2) Any person, organization or agency which has requested
that it receive reports on actions of the kind proposed; and
(3) The public, affirmatively soliciting comments from those
persons or organizations who may be interested or affected.
Agencies shall also publish a notice of the availability of
the draft and final environmental impact report in local
newspapers of general circulation and shall allow at least sixty
days for public comments on the draft environmental impact
report. Agencies shall hold public hearings or public meetings
whenever appropriate or in accordance with statutory requirements
applicable to the agency. Hearings shall be held whenever there
is substantial environmental controversy concerning the project
or substantial public interest in holding the hearing.
(h) Response to comments. -- An agency preparing a final
environmental impact report shall assess and consider comments
both individually and collectively, and shall respond by one or
more of the means listed below, stating its response in the final
report. Possible responses are to:
(1) Modify alternatives including the proposed action;
(2) Develop and evaluate alternatives not previously given
serious consideration by the agency;
(3) Supplement, improve or modify its analyses;
(4) Make factual corrections; or
(5) Explain why the comments do not warrant further agency
response, citing sources, authorities or reasons which support
the agencies position and, if appropriate, indicate those
circumstances which would trigger agency reappraisal or further
response. All substantive comments received on the draft
environmental impact report (or summaries thereof if the response
has been exceptionally voluminous) shall be attached to the final
environmental impact report whether or not the comment is thought
to merit individual discussion by the agency in the text of the
environmental impact report.
(i) Public record of decision. -- Whenever an agency
approves or determines to carry out a project which is subject to
this article, it shall issue a public record of decision, which
may be integrated into any other record prepared by the agency.
The record shall:
(1) State the agency's decision;
(2) Identify all alternatives considered and specify the
alternative or alternatives which were considered to be
environmentally preferable. An agency shall identify and discuss
all relevant factors, including economic and technical
considerations and agency statutory missions, which were balanced
by the agency in making its decision and state how those
considerations entered into its decision; and
(3) State whether all practicable means to avoid or minimize
environmental harm from the selected alternative have been
adopted, and if not, why not. Where applicable, a monitoring andenforcement program for any mitigation shall be adopted and
summarized.
(j) Time limits. -- Until an agency issues a record of
decision as provided in subsection (i), no action concerning the
project may be taken which would have an adverse environmental
impact or which would limit the choice of reasonable
alternatives. No decision on the proposed action may be made
until the later of the following dates:
(1) Sixty days after publication of the notice of
availability of the draft environmental impact report; or
(2) Thirty days after publication of the notice of
availability of the final environmental impact report.
(k) Fees. -- A public agency may charge and collect a
reasonable fee from any person proposing a project subject to the
provisions of this article in order to recover the estimated
costs incurred by the agency in preparing a finding of no
significant impact or an environmental impact report for such
project.
(l) Contracts to prepare environmental impact report. -- If,
after receiving an application from a person proposing a project
subject to this article, an agency determines that it will be
unable to prepare an environmental impact report in a timely
manner with its existing staff resources, the agency shall, upon
request of an applicant, contract with or employ qualified
private entities or persons on a temporary basis to perform the
services necessary to permit the agency to comply with this
article. The entity or person shall take into account the views
of the applicant, but is solely responsible to the agency. Alocal agency need not enter into a contract or employ persons if
it determines that no entities or persons are available or
qualified to perform the services. Entities or persons
contracted with or employed by an agency may, pursuant to an
agreement with the agency, perform functions necessary to meet
the requirements of this article and shall not perform those
functions reserved by this article for the decision-making body.
An agency may charge and may require the applicant to pay a fee
in the amount necessary to defray costs directly attributable to
employing or contracting with entities or persons performing
services pursuant to this section. This section shall not be
construed to affect any provision of this article which may
require independent judgment of the lead agency.
§22-1A-6. Certification of regulatory programs.
(a) When the regulatory program of a state agency requires
a plan, permit or other written documentation, containing
environmental information and complying with the requirements
below, the plan, permit or other written documentation may be
submitted in lieu of the environmental impact report required by
this article: Provided, That the director of the division of
environmental protection has certified the regulatory program
pursuant to this section.
(b) This section applies only to regulatory programs or
portions thereof which involve either of the following:
(1) The issuance of a permit, lease, license, certificate or
other entitlement for use; or
(2) The adoption or approval of standards, rules or plans
for use in the regulatory program.
(c) In order to qualify for certification pursuant to this
section, a regulatory program shall require utilization of an
interdisciplinary approach which will ensure the integrated use
of the natural and social sciences in decision-making and shall
meet all of the following criteria:
(1) The enabling legislation of the regulatory program shall
include protection of the environment among its principle
purposes and shall contain authority for the administering agency
to promulgate rules for the protection of the environment.
(2) The rules adopted by the administering agency shall:
(A) Require that an activity will not be approved or adopted
as proposed if there are feasible alternatives or feasible
mitigation measures available which would substantially lessen
any significant adverse impact which the activity may have on the
environment;
(B) Include guidelines for the orderly evaluation of
proposed activities and the preparation of the plan, permit or
other written documentation in a manner consistent with the
environmental protection purposes of the regulatory program;
(C) Require the administering agency to consult with all
public agencies which have jurisdiction with respect to the
proposed activity and shall require public notification and
opportunity for comment on the proposed activity;
(D) Require that final action on the proposed activity
include written responses to significant environmental points
raised during the evaluation process;
(E) Require the filing of a notice of the decision by the
administering agency on the proposed activity with the directorof the division of environmental protection and shall make the
notice available for public inspection; and
(F) Require notice of filing of the plan or other written
documentation to be made to the public and to any person who
requests notification. The notification shall be made in a
manner that will provide the public with sufficient time to
review and comment on the filing.
(3) The plan or other written documentation required by the
regulatory program shall include a description of the proposed
activity with reasonable alternatives to the proposed activity
and mitigation measures to minimize any significant adverse
environmental impact. It shall also be available for a
reasonable time for review and comment by other agencies and the
public.
(d) The director of the division of environment protection
shall certify a regulatory program which the director determines
meets all the qualifications for certification set forth in this
section and shall withdraw certification on determination that
the regulatory program has been altered so that it no longer
meets those qualifications. In the event that the director
determines that the regulatory program does not meet the
qualifications for certification, the director shall issue
findings setting forth the reasons for the determination.
§22-1A-7. Agency funds for proposed projects, budget requests,
statutory review.
(a) No agency may request funds, nor may any agency which
authorizes expenditures of funds, authorize funds for any
project, other than a project involving only planning, whichcould have a significant effect on the environment unless such
request or authorization is accompanied by an environmental
impact report as required in sections four and five.
(b) All agencies shall request in their budgets the funds
necessary to protect the environment in relation to problems
caused by their activities.
(c) Every agency shall review its present statutory
authority, rules, policies and procedures to determine any
inconsistencies or deficiencies in such provisions which would
hinder compliance with the provisions of this article and shall
propose to the governor and the Legislature no later than the
first day of January, one thousand nine hundred ninety-three, any
measures necessary to comply with the intent, policies and
procedures of this article.
§22-1A-8. Appeals.
Any person, organization, agency or other legal entity may
appeal a decision or finding issued pursuant to this article by
submitting in writing to the lead agency a request for
reconsideration and listing reasons for reconsideration. The
lead agency shall respond within thirty days by issuing a revised
decision or finding or by rebutting the request for
reconsideration. In either case, the lead agency shall include
in its response the reasons for its decision and shall notify all
affected agencies and persons.
§22-1A-9. Judicial review.
(a) Any person adversely affected by a decision of the lead
agency is entitled to judicial review thereof pursuant to the
provisions of article five, chapter twenty-nine-a of this code.
(b) Any person, organization, agency or other legal entity
may initiate a civil action in the circuit court having
jurisdiction over the alleged violation which occurred or is
likely to occur for declaratory and equitable relief against any
agency of the state, person, partnership, corporation,
organization or other legal entity for the protection of the air,
water and other natural resources and the public trust therein
from pollution, impairment or destruction, except that no action
may be commenced against any agency of the state under this
section prior to sixty days after the plaintiff has given notice
to the agency against whom the action will be commenced:
Provided, That such person may commence a civil action
immediately upon notification where there is a failure of such
authority to perform any nondiscretionary duty or act under this
article.
(c) In granting relief provided by subsection (b) where
there is involved a standard for pollution or for an
anti-pollution device or procedure, fixed by rule or otherwise,
by an agency of the state, the court may determine the validity,
applicability and reasonableness of the standard. When a court
finds a standard to be deficient for the protection of public
health or the environment the court may direct the adoption of a
standard approved and specified by the court.
(d) When the plaintiff has made a prima facie showing that
the conduct of the defendant has, or is likely to pollute, impair
or destroy the air, water or other natural resources or the
public trust therein, the defendant may rebut the prima facie
showing by the submission of evidence to the contrary. Thedefendant may also show that there is no feasible and prudent
alternative to defendant's conduct and that such conduct is
consistent with the promotion of the public health, safety and
welfare in light of the state's paramount concern for the
protection of its natural resources from pollution, impairment or
destruction.
(e) The court may appoint a master or referee who shall be
a disinterested person and technically qualified to take
testimony and make a record and a report of his findings to the
court in the action.
(f) The court may grant temporary and permanent equitable
relief or may impose conditions on the defendant that are
required to protect the air, water and other natural resources
and the public trust therein from pollution, impairment or
destruction. In issuing any final order in any action brought
against a state agency pursuant to this section any court with
jurisdiction may award costs of litigation, including attorney's
fees and expert witness fees, to the prevailing party whenever
the court determines such an award to be appropriate based on
substantially unjustified actions of the agency.
(g) The attorney general, any agency with jurisdiction or
any person may intervene as a matter of right in any suit brought
under this section if intervention is timely made.
§22-1A-10. Citizen reports of environmental violations.
(a) The division of environmental protection shall maintain
and publicize a toll-free telephone number to enable citizens to
report information about potential environmental violations.
(b) The division may establish a program to pay awards fromfunds raised from private sources to persons who provide
information that leads to the conviction for an environmental
crime.
§22-1A-11. Severability.
If any provision of this article or the application thereof
to any person or circumstance is held invalid, such invalidity
shall not affect other provisions or applications of the article,
and to this end the provisions of the article are declared
severable.
§22-1A-12. Applicability.
This article does not apply to any project in existence or
under construction that has all applicable state and local
licenses to operate or construct on the effective date of this
article or to any project the construction and operation of which
has been specifically authorized by the Legislature prior to the
effective date thereof.
NOTE: The purpose of this amendment is to establish the
State Environmental Quality Act; defining terms; directing state
entities to develop environmental impact reports for any project
which may have a significant environmental impact; defining the
content and format of environmental impact reports; defining
exemptions; directing agencies to issue findings of no
significant impact in certain instances; permitting report
substitution with an environmental impact statement prepared
pursuant to the requirements of the National Environmental Policy
Act; defining lead and cooperating agencies; defining the
environmental impact report process; directing a period for
public notice and comment; certification of regulatory programs;
agency directives regarding funds, budgets and reviews; appeals
and judicial review; severability and applicability.
This article is new; therefore, strike-throughs and
underscoring have been omitted.