§ 21189.70.4. — 21189.70.4. (Added by Stats. 2020, Ch. 291, Sec. 2.)

Notwithstanding any other law, the preparation and certification of the record of proceedings for the transit and transportation facilities project shall be performed in the following manner:
(a)
The lead agency for the transit and transportation facilities project shall prepare the record of proceedings pursuant to this division concurrently with the administrative process.
(b)
All documents and other materials placed in the record of proceedings shall be posted on, and be downloadable from, an internet website maintained by the lead agency commencing with the date of the release of the draft environmental impact report.
(c)
The
lead agency shall make available to the public in a readily accessible electronic format the draft environmental impact report and all other documents submitted to, or relied on by, the lead agency in the preparation of the draft environmental impact report.
(d)
A document prepared by the lead agency or submitted by the transit and transportation facilities project proponent after the date of the release of the draft environmental impact report that is a part of the record of the proceedings shall be made available to the public in a readily accessible electronic format within five business days after the document is released or received by the lead agency.
(e)
The lead agency shall encourage written comments on the transit and transportation facilities project to be submitted in a readily accessible electronic format, and shall make any comment available to the public in a
readily accessible electronic format within five days of its receipt.
(f)
Within 14 business days after the receipt of any comment that is not in an electronic format, the lead agency shall convert that comment into a readily accessible electronic format and make it available to the public in that format.
(g)
Notwithstanding subdivisions (b) to (f), inclusive, documents submitted to or relied on by the lead agency that were not prepared specifically for the transit and transportation facilities project and are copyright protected are not required to be made readily accessible in an electronic format. For those copyright-protected documents, the lead agency shall make an index of these documents available in an electronic format no later than the date of the release of the draft environmental impact report, or within five business days if the document is received or relied on by
the lead agency after the release of the draft environmental impact report. The index shall specify the libraries or lead agency offices in which hardcopies of the copyrighted materials are available for public review.
(h)
The lead agency shall certify the final record of proceedings within five days after the filing of the notice required by subdivision (a) of Section 21152.
(i)
Any dispute arising from the record of proceedings shall be resolved by the superior court. Unless the superior court directs otherwise, a party disputing the content of the record of proceedings shall file a motion to augment the record of proceedings at the time it files its initial brief.
(j)
The contents of the record of proceedings shall be as set forth in subdivision (e) of Section 21167.6.

Legislative History

Added by Stats. 2020, Ch. 291, Sec. 2. (AB 2731) Effective January 1, 2021. Conditionally inoperative January 1, 2025. Repealed on January 1 following inoperative date, pursuant to Section 21189.70.5.