reglab/statecodes huggingface dataset:
California Code of Regulations › Title 14 - Natural Resources › Division 6 - Resources Agency › Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act › Article 11 - Types of EIRs › Section 15165 - Multiple and Phased Projects

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Where individual projects are, or a phased project is, to
					 be undertaken and where the total undertaking comprises a project with
					 significant environmental effect, the lead agency shall prepare a single
					 program EIR for the ultimate project as described in Section
					 15168. Where an individual project
					 is a necessary precedent for action on a larger project, or commits the lead
					 agency to a larger project, with significant environmental effect, an EIR must
					 address itself to the scope of the larger project. Where one project is one of
					 several similar projects of a public agency, but is not deemed a part of a
					 larger undertaking or a larger project, the agency may prepare one EIR for all
					 projects, or one for each project, but shall in either case comment upon the
					 cumulative effect.
1. Change
					 without regulatory effect amending NOTE filed 10-6-2005 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2005, No. 40).
Note: Authority cited: Section
						21083,
						Public Resources Code. Reference: Sections
						21061,
						21100
						and
						21151,
						Public Resources Code; Whitman v. Board of Supervisors, 88 Cal. App. 3d 397
						(1979).
California Code of Regulations › Title 14 - Natural Resources › Division 6 - Resources Agency › Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act › Article 11 - Types of EIRs › Section 15166 - EIR As Part of a General Plan

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The requirements for preparing an EIR on
				  a local general plan, element, or amendment thereof will be satisfied by using
				  the general plan, or element document, as the EIR and no separate EIR will be
				  required, if:
(1) the general plan addresses
				  all the points required to be in an EIR by Article 9 of these guidelines
				  and
(2) the document contains a
				  special section or a cover sheet identifying where the general plan document
				  addresses each of the points required.
California Code of Regulations › Title 14 - Natural Resources › Division 6 - Resources Agency › Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act › Article 11 - Types of EIRs › Section 15167 - Staged EIR

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Where
				  a large capital project will require a number of discretionary approvals from
				  government agencies and one of the approvals will occur more than two years
				  before construction will begin, a staged EIR may be prepared covering the
				  entire project in a general form. The staged EIR shall evaluate the proposal in
				  light of current and contemplated plans and produce an informed estimate of the
				  environmental consequences of the entire project. The aspect of the project
				  before the public agency for approval shall be discussed with a greater degree
				  of specificity.
(b) When a staged
				  EIR has been prepared, a supplement to the EIR shall be prepared when a later
				  approval is required for the project, and the information available at the time
				  of the later approval would permit consideration of additional environmental
				  impacts, mitigation measures, or reasonable alternatives to the
				  project.
(c) Where a statute such
				  as the Warren-Alquist Energy Resources Conservation and Development Act
				  provides that a specific agency shall be the lead agency for a project and
				  requires the lead agency to prepare an EIR, a responsible agency which must
				  grant an approval for the project before the lead agency has completed the EIR
				  may prepare and consider a staged EIR.
(d) An agency requested to prepare a staged
				  EIR may decline to act as the lead agency if it determines, among other
				  factors, that:
(1) Another agency would be
				  the appropriate lead agency; and
(2) There is no compelling need to prepare a
				  staged EIR and grant an approval for the project before the appropriate lead
				  agency will take its action on the project.
California Code of Regulations › Title 14 - Natural Resources › Division 6 - Resources Agency › Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act › Article 11 - Types of EIRs › Section 15168 - Program EIR

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  General. A program EIR is an EIR which may be prepared on a series of actions
				  that can be characterized as one large project and are related either:
(1) Geographically,
(2) As logical parts in the chain of
				  contemplated actions,
(3) In
				  connection with issuance of rules, regulations, plans, or other general
				  criteria to govern the conduct of a continuing program, or
(4) As individual activities carried out
				  under the same authorizing statutory or regulatory authority and having
				  generally similar environmental effects which can be mitigated in similar
				  ways.
California Code of Regulations › Title 14 - Natural Resources › Division 6 - Resources Agency › Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act › Article 11 - Types of EIRs › Section 15169 - Master Environmental Assessment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) General. A public agency may prepare a
				  master environmental assessment, inventory, or data base for all, or a portion
				  of, the territory subject to its control in order to provide information which
				  may be used or referenced in EIRs or negative declarations. Neither the
				  content, the format, nor the procedures to be used to develop a master
				  environmental assessment are prescribed by these guidelines. The descriptions
				  contained in this section are advisory. A master environmental assessment is
				  suggested solely as an approach to identify and organize environmental
				  information for a region or area of the state.
(b) Contents. A master environmental
				  assessment may contain an inventory of the physical and biological
				  characteristics of the area for which it is prepared and may contain such
				  additional data and information as the public agency determines is useful or
				  necessary to describe environmental characteristics of the area. It may include
				  identification of existing levels of quality and supply of air and water,
				  capacities and levels of use of existing services and facilities, and
				  generalized incremental effects of different categories of development projects
				  by type, scale, and location.
(c)
				  Preparation.
(1) A master environmental
				  assessment or inventory may be prepared in many possible ways. For example, a
				  master environmental assessment may be prepared as a special, comprehensive
				  study of the area involved, as part of the EIR on a general plan, or as a data
				  base accumulated by indexing EIRs prepared for individual projects or programs
				  in the area involved.
(2) The
				  information contained in a master environmental assessment should be reviewed
				  periodically and revised as needed so that it is accurate and
				  current.
(3) When advantageous to
				  do so, master environmental assessments may be prepared through a joint
				  exercise of powers agreement with neighboring local agencies or with the
				  assistance of the appropriate Council of Governments.
California Code of Regulations › Title 14 - Natural Resources › Division 6 - Resources Agency › Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act › Article 11 - Types of EIRs › Section 15170 - Joint EIR-EIS

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A lead agency under CEQA may work with a federal agency to
					 prepare a joint document which will meet the requirements of both CEQA and
					 NEPA. Use of such a joint document is described in Article 14, beginning with
					 Section 15220.
1. Change
					 without regulatory effect amending NOTE filed 10-6-2005 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2005, No. 40).
Note: Authority cited: Section
						21083,
						Public Resources Code. Reference: Sections
						21083.5
						and
						21083.7,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 6 - Resources Agency › Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act › Article 11.5 - MASTER ENVIRONMENTAL IMPACT REPORT › Section 15175 - Master EIR

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  Master EIR procedure is an alternative to preparing a project EIR, staged EIR,
				  or program EIR for certain projects which will form the basis for later
				  decision making. It is intended to streamline the later environmental review of
				  projects or approval included within the project, plan or program analyzed in
				  the Master EIR. Accordingly, a Master EIR shall, to the greatest extent
				  feasible, evaluate the cumulative impacts, growth inducing impacts, and
				  irreversible significant effects on the environment of subsequent
				  projects.
(b) A lead agency may
				  prepare a Master EIR for any of the following classes of projects:
(1) A general plan, general plan update,
				  general plan element, general plan amendment, or specific plan.
(2) Public or private projects that will be
				  carried out or approved pursuant to, or in furtherance of, a redevelopment
				  plan.
(3) A project that consists
				  of smaller individual projects which will be carried out in phases.
(4) A rule or regulation which will be
				  implemented by later projects.
(5)
				  Projects that will be carried out or approved pursuant to a development
				  agreement.
(6) A state highway
				  project or mass transit project which will be subject to multiple stages of
				  review or approval.
(7) A plan
				  proposed by a local agency, including a joint powers authority, for the reuse
				  of a federal military base or reservation that has been closed or is proposed
				  for closure by the federal government.
(8) A regional transportation plan or
				  congestion management plan.
(9)
				  Regulations adopted by the California Department of Fish and Game for the
				  regulation of hunting and fishing.
California Code of Regulations › Title 14 - Natural Resources › Division 6 - Resources Agency › Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act › Article 11.5 - MASTER ENVIRONMENTAL IMPACT REPORT › Section 15176 - Contents of a Master EIR

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A lead agency shall include in a Master EIR all of the
					 following:
(a) A detailed discussion
				  as required by Section
				  15126.
(b) A description of anticipated subsequent
				  projects that are within the scope of the Master EIR, including information
				  with regard to the kind, size, intensity, and location of the subsequent
				  projects, including, but not limited to all of the following:
(1) The specific type of project anticipated
				  to be undertaken such as a single family development, office-commercial
				  development, sewer line installation or other activities.
(2) The maximum and minimum intensity of any
				  anticipated subsequent project, such as the number of residences in a
				  residential development, and with regard to a public works facility, its
				  anticipated capacity and service area.
(3) The anticipated location for any
				  subsequent development projects, and, consistent with the rule of reason set
				  forth in Section
				  15126.6(f),
				  alternative locations for any such projects.
(4) A capital outlay or capital improvement
				  program, or other scheduling or implementing device that governs the submission
				  and approval of subsequent projects, or an explanation as to why practical
				  planning considerations render it impractical to identify any such program or
				  scheduling or other device at the time of preparing the Master
				  EIR.
California Code of Regulations › Title 14 - Natural Resources › Division 6 - Resources Agency › Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act › Article 11.5 - MASTER ENVIRONMENTAL IMPACT REPORT › Section 15177 - Subsequent Projects Within the Scope of the MEIR

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) After a Master EIR has been prepared and
				  certified, subsequent projects which the lead agency determines as being within
				  the scope of the Master EIR will be subject to only limited environmental
				  review.
(b) Except as provided in
				  subdivision (2) of this subdivision, neither a new environmental document nor
				  the preparation of findings pursuant to section
				  15091 shall be required of a
				  subsequent project when all of the following requirements are met:
(1) The lead agency for the subsequent
				  project is the lead agency or any responsible agency identified in the Master
				  EIR.
(2) The lead agency for the
				  subsequent project prepares an initial study on the proposal. The initial study
				  shall analyze whether the subsequent project was described in the Master EIR
				  and whether the subsequent project may cause any additional significant effect
				  on the environment which was not previously examined in the Master
				  EIR.
(3) The lead agency for the
				  subsequent project determines, on the basis of written findings, that no
				  additional significant environmental effect will result from the proposal, no
				  new additional mitigation measures or alternatives may be required, and that
				  the project is within the scope of the Master EIR. "Additional significant
				  environmental effect" means any project-specific effect which was not addressed
				  as a significant effect in the Master EIR.
California Code of Regulations › Title 14 - Natural Resources › Division 6 - Resources Agency › Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act › Article 11.5 - MASTER ENVIRONMENTAL IMPACT REPORT › Section 15178 - Subsequent Projects Identified in the MEIR

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) When a proposed subsequent project is
				  identified in the Master EIR, but the lead agency cannot make a determination
				  pursuant to Section
				  15177 that the subsequent project
				  is within the scope of the Master EIR, and the lead agency determines that the
				  cumulative impacts, growth inducing impacts and irreversible significant
				  effects analysis in the Master EIR is adequate for the subsequent project, the
				  lead agency shall prepare a mitigated negative declaration or a focused EIR if,
				  after preparing an initial study, the lead agency determines that the project
				  may result in new or additional significant effects. Whether the cumulative
				  impacts, growth inducing impacts and irreversible significant effects analyses
				  are adequate is a question of fact to be determined by the lead agency based
				  upon a review of the proposed subsequent project in light of the Master
				  EIR.
(b) A lead agency shall
				  prepare a mitigated negative declaration for any proposed subsequent project if
				  both of the following occur:
(1) The initial
				  study prepared pursuant to Section
				  15177 has identified potentially
				  new or additional significant environmental effects that were not analyzed in
				  the Master EIR; and
(2) Feasible
				  mitigation measures or alternatives will be incorporated to revise the
				  subsequent project before the negative declaration is released for public
				  review pursuant to Section
				  15073 in order to avoid or
				  mitigate the identified effects to a level of
				  insignificance.
California Code of Regulations › Title 14 - Natural Resources › Division 6 - Resources Agency › Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act › Article 11.5 - MASTER ENVIRONMENTAL IMPACT REPORT › Section 15179 - Limitations on the Use of the Master EIR

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The certified Master EIR shall not be
				  used for a subsequent project described in the Master EIR in accordance with
				  this article if either:
(1) The Master EIR
				  was certified more than five years prior to the filing of an application for a
				  subsequent project except as set forth in subsection (b) below, or
(2) After the certification of the Master
				  EIR, a project not described in the certified Master EIR as an anticipated
				  subsequent project is approved and the approved project may affect the adequacy
				  of the Master EIR for any subsequent project that was described in the Master
				  EIR.
California Code of Regulations › Title 14 - Natural Resources › Division 6 - Resources Agency › Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act › Article 11.5 - MASTER ENVIRONMENTAL IMPACT REPORT › Section 15179.5 - Focused EIRs and Small Projects

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) When a project is a multiple family
				  residential development of 100 units or less or is a residential and commercial
				  or retail mixed-use commercial development of not more then 100,000 square
				  feet, whether or not the project is identified in the Master EIR, a focused EIR
				  shall be prepared pursuant to this section when the following conditions are
				  met:
(1) The project is consistent with a
				  general plan, specific plan, community plan, or zoning ordinance for which an
				  EIR was prepared within five years of certification of the focused EIR;
				  and
(2) The parcel on which the
				  project is to be developed is either:
(A)
				  Surrounded by immediately contiguous urban development;
(B) Previously developed with urban uses;
				  or
(C) Within one-half mile of an
				  existing rail transit station.
California Code of Regulations › Title 14 - Natural Resources › Division 6 - Resources Agency › Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act › Article 12 - Special Situations › Section 15180 - Redevelopment Projects

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An
				  EIR for a redevelopment plan may be a Master EIR, a program EIR, or a project
				  EIR. An EIR for a redevelopment plan must specify whether it is a Master EIR, a
				  program EIR, or a project EIR.
(b)
				  If the EIR for a redevelopment plan is a project EIR, all public and private
				  activities or undertakings pursuant to or in furtherance of the redevelopment
				  plan shall constitute a single project, which shall be deemed approved at the
				  time of adoption of the redevelopment plan by the legislative body. The EIR in
				  connection with the redevelopment plan shall be submitted in accordance with
				  Section
				  33352
				  of the Health and Safety Code.
If a project EIR has been certified for the redevelopment
					 plan, no subsequent EIRs are required for individual components of the
					 redevelopment plan unless a subsequent EIR or a supplement to an EIR would be
					 required by Section
					 15162 or
					 15163.
(c) If the EIR for a redevelopment plan is a
				  Master EIR, subsequent projects which the lead agency determines as being
				  within the scope of the Master EIR will be subject to the review required by
				  Section 15177. If the EIR for a
				  redevelopment plan is a program EIR, subsequent activities in the program will
				  be subject to the review required by Section
				  15168.
1. New
					 Article 12 (Sections
					 15190-15192) filed 1-6-76 as an
					 emergency; effective upon filing (Register 76, No. 2).
2.
					 Certificate of Compliance filed 4-2-76 (Register 76, No. 14).
3.
					 Repealer of Article 12 (Sections
					 15190-15193) and new Article 12
					 (Sections 15180-15185) filed 7-13-83;
					 effective 8-1-83 (Register 83, No. 29). For prior history, see Registers 82,
					 No. 2; 81, Nos. 30 and 45; 80, No. 15; 79, Nos. 18, 23 and 30; and 78, No.
					 33.
4. Editorial correction of 7-13-83 order redesignating effective
					 date to 8-1-83 filed 7-14-83 (Register 83, No. 29).
5. Change
					 without regulatory effect amending NOTE filed 10-6-2005 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2005, No. 40).
6. Amendment of section and
					 NOTE filed 7-27-2007; operative 7-27-2007 pursuant to Public Resources Code
					 section
					 21083(f)
					 (Register 2007, No. 30).
Note: Authority cited: Section
						21083,
						Public Resources Code. Reference: Sections
						21090
						and
						21166,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 6 - Resources Agency › Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act › Article 12 - Special Situations › Section 15181 - Housing and Neighborhood Commercial Facilities in Urbanized Areas. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Change
					 without regulatory effect repealing section filed 10-6-2005 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2005, No. 40).
Note: Authority cited: Sections
						21083
						and
						21087,
						Public Resources Code. Reference: Section
						21080.7,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 6 - Resources Agency › Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act › Article 12 - Special Situations › Section 15182 - Projects Pursuant to a Specific Plan

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) General. Certain residential, commercial
				  and mixed-use projects that are consistent with a specific plan adopted
				  pursuant to Title 7, Division 1, Chapter 3, Article 8 of the Government Code
				  are exempt from CEQA, as described in subdivisions (b) and (c) of this
				  section.
(b) Projects Proximate to
				  Transit.
(1) Eligibility. A residential or
				  mixed-use project, or a project with a floor area ratio of at least 0.75 on
				  commercially-zoned property, including any required subdivision or zoning
				  approvals, is exempt if the project satisfies the following criteria:
(A) It is located within a transit priority
				  area as defined in Public Resources Code section
				  21099(a)(7);
(B) It is consistent with a specific plan for
				  which an environmental impact report was certified; and
(C) It is consistent with the general use
				  designation, density, building intensity, and applicable policies specified for
				  the project area in either a sustainable communities strategy or an alternative
				  planning strategy for which the State Air Resources Board has accepted the
				  determination that the sustainable communities strategy or the alternative
				  planning strategy would achieve the applicable greenhouse gas emissions
				  reduction targets.
California Code of Regulations › Title 14 - Natural Resources › Division 6 - Resources Agency › Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act › Article 12 - Special Situations › Section 15183 - Projects Consistent with a Community Plan, General Plan, or Zoning

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) CEQA mandates
				  that projects which are consistent with the development density established by
				  existing zoning, community plan, or general plan policies for which an EIR was
				  certified shall not require additional environmental review, except as might be
				  necessary to examine whether there are project-specific significant effects
				  which are peculiar to the project or its site. This streamlines the review of
				  such projects and reduces the need to prepare repetitive environmental
				  studies.
(b) In approving a project
				  meeting the requirements of this section, a public agency shall limit its
				  examination of environmental effects to those which the agency determines, in
				  an initial study or other analysis:
(1) Are
				  peculiar to the project or the parcel on which the project would be
				  located,
(2) Were not analyzed as
				  significant effects in a prior EIR on the zoning action, general plan or
				  community plan with which the project is consistent,
(3) Are potentially significant off-site
				  impacts and cumulative impacts which were not discussed in the prior EIR
				  prepared for the general plan, community plan or zoning action, or
(4) Are previously identified significant
				  effects which, as a result of substantial new information which was not known
				  at the time the EIR was certified, are determined to have a more severe adverse
				  impact than discussed in the prior EIR.
California Code of Regulations › Title 14 - Natural Resources › Division 6 - Resources Agency › Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act › Article 12 - Special Situations › Section 15183.3 - Streamlining for Infill Projects

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Purpose. The purpose of this section is
				  to streamline the environmental review process for eligible infill projects by
				  limiting the topics subject to review at the project level where the effects of
				  infill development have been addressed in a planning level decision or by
				  uniformly applicable development policies.
(b) Eligibility. To be eligible for the
				  streamlining procedures prescribed in this section, an infill project must:
(1) Be located in an urban area on a site
				  that either has been previously developed or that adjoins existing qualified
				  urban uses on at least seventy-five percent of the site's perimeter. For the
				  purpose of this subdivision "adjoin" means the infill project is immediately
				  adjacent to qualified urban uses, or is only separated from such uses by an
				  improved public right-of-way;
(2)
				  Satisfy the performance standards provided in Appendix M; and
(3) Be consistent with the general use
				  designation, density, building intensity, and applicable policies specified for
				  the project area in either a sustainable communities strategy or an alternative
				  planning strategy, except as provided in subdivisions (b)(3)(A) or (b)(3)(B)
				  below.
(A) Only where an infill project is
				  proposed within the boundaries of a metropolitan planning organization for
				  which a sustainable communities strategy or an alternative planning strategy
				  will be, but is not yet, in effect, a residential infill project must have a
				  density of at least 20 units per acre, and a retail or commercial infill
				  project must have a floor area ratio of at least 0.75.
(B) Where an infill project is proposed
				  outside of the boundaries of a metropolitan planning organization, the infill
				  project must meet the definition of a small walkable community project in
				  subdivision (f)(5), below.
California Code of Regulations › Title 14 - Natural Resources › Division 6 - Resources Agency › Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act › Article 12 - Special Situations › Section 15183.5 - Tiering and Streamlining the Analysis of Greenhouse Gas Emissions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Lead agencies
				  may analyze and mitigate the significant effects of greenhouse gas emissions at
				  a programmatic level, such as in a general plan, a long range development plan,
				  or a separate plan to reduce greenhouse gas emissions. Later project-specific
				  environmental documents may tier from and/or incorporate by reference that
				  existing programmatic review. Project-specific environmental documents may rely
				  on an EIR containing a programmatic analysis of greenhouse gas emissions as
				  provided in section
				  15152 (tiering), 15167 (staged
				  EIRs) 15168 (program EIRs), 15175-15179.5 (Master EIRs), 15182 (EIRs Prepared
				  for Specific Plans), and 15183 (EIRs Prepared for General Plans, Community
				  Plans, or Zoning).
(b) Plans for
				  the Reduction of Greenhouse Gas Emissions. Public agencies may choose to
				  analyze and mitigate significant greenhouse gas emissions in a plan for the
				  reduction of greenhouse gas emissions or similar document. A plan to reduce
				  greenhouse gas emissions may be used in a cumulative impacts analysis as set
				  forth below. Pursuant to sections
				  15064(h)(3) and
				  15130(d), a lead
				  agency may determine that a project's incremental contribution to a cumulative
				  effect is not cumulatively considerable if the project complies with the
				  requirements in a previously adopted plan or mitigation program under specified
				  circumstances.
(1) Plan Elements. A plan for
				  the reduction of greenhouse gas emissions should:
(A) Quantify greenhouse gas emissions, both
				  existing and projected over a specified time period, resulting from activities
				  within a defined geographic area;
(B) Establish a level, based on substantial
				  evidence, below which the contribution to greenhouse gas emissions from
				  activities covered by the plan would not be cumulatively
				  considerable;
(C) Identify and
				  analyze the greenhouse gas emissions resulting from specific actions or
				  categories of actions anticipated within the geographic area;
(D) Specify measures or a group of measures,
				  including performance standards, that substantial evidence demonstrates, if
				  implemented on a project-by-project basis, would collectively achieve the
				  specified emissions level;
(E)
				  Establish a mechanism to monitor the plan's progress toward achieving the level
				  and to require amendment if the plan is not achieving specified
				  levels;
(F) Be adopted in a public
				  process following environmental review.
California Code of Regulations › Title 14 - Natural Resources › Division 6 - Resources Agency › Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act › Article 12 - Special Situations › Section 15184 - State Mandated Local Projects

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Whenever a state agency issues an order which requires a
					 local agency to carry out a project subject to CEQA, the following rules
					 apply:
(a) If an EIR is prepared for
				  the project, the local agency shall limit the EIR to considering those factors
				  and alternatives which will not conflict with the order.
(b) If a local agency undertakes a project to
				  implement a rule or regulation imposed by a certified state environmental
				  regulatory program listed in Section
				  15251, the project shall be exempt
				  from CEQA with regard to the significant effects analyzed in the document
				  prepared by the state agency as a substitute for an EIR. The local agency shall
				  comply with CEQA with regard to any site-specific effect of the project which
				  was not analyzed by the certified state agency as a significant effect on the
				  environment. The local agency need not re-examine the general environmental
				  effects of the state rule or regulation.
1. Change
					 without regulatory effect amending NOTE filed 10-6-2005 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2005, No. 40).
Note: Authority cited: Section
						21083,
						Public Resources Code. Reference: Sections
						21080,
						21080.5
						and
						21154,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 6 - Resources Agency › Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act › Article 12 - Special Situations › Section 15185 - Administrative Appeals

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Where an agency allows administrative appeals upon the adequacy of an
				  environmental document, an appeal shall be handled according to the procedures
				  of that agency. Public notice shall be handled in accordance with individual
				  agency requirements and Section
				  15202(e).
(b) The decisionmaking body to which an
				  appeal has been made shall consider the environmental document and make
				  findings under Sections
				  15091 and
				  15093 if appropriate.
1. Change
					 without regulatory effect amending NOTE filed 10-6-2005 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2005, No. 40).
Note: Authority cited: Section
						21083,
						Public Resources Code. Reference: Sections
						21082
						and
						21083,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 6 - Resources Agency › Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act › Article 12 - Special Situations › Section 15186 - School Facilities

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) CEQA establishes a special requirement
				  for certain school projects, as well as certain projects near schools, to
				  ensure that potential health impacts resulting from exposure to hazardous
				  materials,wastes, and substances will be carefully examined and disclosed in a
				  negative declaration or EIR, and that the lead agency will consult with other
				  agencies in this regard.
(b) Before
				  certifying an EIR or adopting a negative declaration for a project located
				  within one-fourth mile of a school involves the construction or alteration of a
				  facility that might reasonably be anticipated to emit hazardous air emissions,
				  or that would handle an extremely hazardous substance or a mixture containing
				  extremely hazardous substances in a quantity equal to or greater than the state
				  threshold quantity specified in subdivision (j) of Section
				  25532
				  of the Health and Safety Code, that may impose a health or safety hazard to
				  persons who would attend or would be employed at the school, the lead agency
				  must do both of the following:
(1) Consult
				  with the affected school district or districts regarding the potential impact
				  of the project on the school; and
(2) Notify the affected school district or
				  districts of the project, in writing, not less than 30 days prior to approval
				  or certification of the negative declaration or EIR.
California Code of Regulations › Title 14 - Natural Resources › Division 6 - Resources Agency › Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act › Article 12 - Special Situations › Section 15187 - Environmental Review of New Rules and Regulations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) At the time of the adoption of a rule or
				  regulation requiring the installation of pollution control equipment,
				  establishing a performance standard, or establishing a treatment requirement,
				  the California Air Resources Board, Department of Toxic Substances Control,
				  Integrated Waste Management Board, State Water Resources Control Board, all
				  regional water quality control boards, and all air pollution control districts
				  and air quality management districts, as defined in Section
				  39025
				  of the Health and Safety Code, must perform an environmental analysis of the
				  reasonably foreseeable methods by which compliance with that rule or regulation
				  will be achieved.
(b) If an EIR is
				  prepared by the agency at the time of adoption of a rule or regulation, it
				  satisfies the requirements of this section provided that the document contains
				  the information specified in subdivision (c) below. Similarly, for those State
				  agencies whose regulatory programs have been certified by the Resources Agency
				  pursuant to Section
				  21080.5
				  of the Public Resources Code, an environmental document prepared pursuant to
				  such programs satisfies the requirements of this section, provided that the
				  document contains the information specified in subdivision (c) below.
(c) The environmental analysis shall include
				  at least the following:
(1) An analysis of
				  reasonably foreseeable environmental impacts of the methods of
				  compliance;
(2) An analysis of
				  reasonably foreseeable feasible mitigation measures relating to those impacts;
				  and
(3) An analysis of reasonably
				  foreseeable alternative means of compliance with the rule or regulation, which
				  would avoid or eliminate the identified impacts.
California Code of Regulations › Title 14 - Natural Resources › Division 6 - Resources Agency › Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act › Article 12 - Special Situations › Section 15188 - Focused EIR for Pollution Control Equipment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
This section applies to projects consisting solely of the
					 installation of pollution control equipment and other components necessary to
					 the installation of that equipment which are undertaken for the purpose of
					 complying with a rule or regulation which was the subject of an environmental
					 analysis as described in Section
					 15187.
(a) The lead agency for the compliance
				  project may prepare a focused EIR to analyze the effects of that project when
				  the following occur:
(1) the agency which
				  promulgated the rule or regulation certified an EIR on that rule or regulation,
				  or reviewed it pursuant to an environmental analysis prepared under a certified
				  regulatory program and, in either case, the review included an assessment of
				  growth inducing impacts and cumulative impacts of, and alternatives to, the
				  project;
(2) the focused EIR for
				  the compliance project is certified within five years of the certified EIR or
				  environmental analysis required by subdivision (a)(1); and
(3) the EIR prepared in connection with the
				  adoption of the rule or regulation need not be updated through the preparation
				  of a subsequent EIR or supplemental EIR pursuant to section
				  15162 or section
				  15163.
California Code of Regulations › Title 14 - Natural Resources › Division 6 - Resources Agency › Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act › Article 12 - Special Situations › Section 15189 - Compliance with Performance Standard or Treatment Requirement Rule or Regulation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
This section applies to projects consisting solely of
					 compliance with a performance standard or treatment requirement which was the
					 subject of an environmental analysis as described in Section
					 15187.
(a) If preparing a negative declaration,
				  mitigated negative declaration or EIR on the compliance project the lead agency
				  for the compliance project shall, to the greatest extent feasible, use the
				  environmental analysis prepared pursuant to Section
				  15187. The use of numerical
				  averages or ranges in the environmental analysis prepared under Section
				  15187 does not relieve the lead
				  agency on the compliance project from its obligation to identify and evaluate
				  the environmental effects of the project.
(b) Where the lead agency determines that an
				  EIR is required for the compliance project, the EIR need address only the
				  project-specific issues or other issues that were not discussed in sufficient
				  detail in the environmental analysis prepared under Section
				  15187. The mitigation measures
				  imposed by the lead agency shall be limited to addressing the significant
				  effects on the environment of the compliance project. The discussion of
				  alternatives shall be limited to a discussion of alternative means of
				  compliance, if any, with the rule or regulation.
1. New
					 section filed 5-27-97; operative 5-27-97 pursuant to Government Code section
					 11343.4(d)
					 (Register 97, No. 22).
2. Change without regulatory effect amending
					 NOTE filed 10-6-2005 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2005, No. 40).
Note: Authority cited: Section
						21083,
						Public Resources Code. Reference: Section
						21159.2,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 6 - Resources Agency › Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act › Article 12 - Special Situations › Section 15190 - Deadlines for Compliance with Sections 15188 and 15189

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The lead agency for a compliance project
				  under either Section
				  15188 or Section
				  15189 shall determine whether an
				  EIR or negative declaration should be prepared within 30 days of its
				  determination that the application for the project is complete.
(b) Where the EIR will be prepared under
				  contract to the lead agency for the compliance project, the agency shall issue
				  a request for proposal for preparation of the EIR not later than 30 days after
				  the deadline for response to the notice of preparation has expired. The
				  contract shall be awarded within 30 days of the response date on the request
				  for proposals.
1. New
					 section filed 5-27-97; operative 5-27-97 pursuant to Government Code section
					 11343.4(d)
					 (Register 97, No. 22).
2. Change without regulatory effect amending
					 NOTE filed 10-6-2005 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2005, No. 40).
Note: Authority cited: Section
						21083,
						Public Resources Code. Reference: Section
						21159.3,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 6 - Resources Agency › Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act › Article 12 - Special Situations › Section 15190.5 - Department of Defense Notification Requirement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For purposes of this section, the
				  following definitions are applicable.
(1)
				  "Low-level flight path" means any flight path for any aircraft owned,
				  maintained, or that is under the jurisdiction of the United States Department
				  of Defense that flies lower than 1,500 feet above ground level, as indicated in
				  the United States Department of Defense Flight Information Publication, "Area
				  Planning Military Training Routes: North and South America (AP/1B)" published
				  by the United States National Imagery and Mapping Agency, or its successor, as
				  of the date the military service gives written notification to a lead agency
				  pursuant to subdivision (b).
(2)
				  "Military impact zone" means any area, including airspace, that meets both of
				  the following criteria:
(A) Is within two
				  miles of a military installation, including, but not limited to, any base,
				  military airport, camp, post, station, yard, center, homeport facility for a
				  ship, or any other military activity center that is under the jurisdiction of
				  the United States Department of Defense; and
(B) Covers greater than 500 acres of
				  unincorporated land, or greater than 100 acres of city incorporated
				  land.
(3) "Military
				  service" means the United States Department of Defense or any branch of the
				  United States Armed Forces.
(4)
				  "Special use airspace" means the land area underlying the airspace that is
				  designated for training, research, development, or evaluation for a military
				  service, as that land area is established by the United States Department of
				  Defense Flight Information Publication, "Area Planning: Special Use Airspace:
				  North and South America (AP/1A)" published by the United States National
				  Imagery and Mapping Agency, or its successor, as of the date the military
				  service gives written notification to a lead agency pursuant to subdivision
				  (b).
California Code of Regulations › Title 14 - Natural Resources › Division 6 - Resources Agency › Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act › Article 12.5 - EXEMPTIONS FOR AGRICULTURAL HOUSING, AFFORDABLE HOUSING, AND RESIDENTIAL INFILL PROJECTS › Section 15191 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For purposes of this Article 12.5 only, the following words
					 shall have the following meanings:
(a)
				  "Agricultural employee" means a person engaged in agriculture, including:
				  farming in all its branches, and, among other things, includes:
(1) the cultivation and tillage of the
				  soil,
(2) dairying,
(3) the production, cultivation, growing, and
				  harvesting of any agricultural or horticultural commodities (including
				  commodities defined as agricultural commodities in Section
				  1141 j(g) of Title 12 of the
				  United States Code),
(4) the raising
				  of livestock, bees, furbearing animals, or poultry, and
(5) any practices (including any forestry or
				  lumbering operations) performed by a farmer or on a farm as an incident to or
				  in conjunction with such farming operations, including preparation for market
				  and delivery to storage or to market or to carriers for transportation to
				  market. This definition is subject to the following limitations:
This definition shall not be construed to include any
					 person other than those employees excluded from the coverage of the National
					 Labor Relations Act, as amended, as agricultural employees, pursuant to Section
					 2(3) of the Labor
					 Management Relations Act (Section
					 152(3), Title 29,
					 United States Code), and Section
					 3(f) of the Fair
					 Labor Standards Act (Section
					 203(f), Title 29,
					 United States Code).
This definition shall not apply, or be construed to apply,
					 to any employee who performs work to be done at the site of the construction,
					 alteration, painting, or repair of a building, structure, or other work (as
					 these terms have been construed under Section
					 8(e) of the Labor
					 Management Relations Act, 29
					 U.S.C. Sec. 158(e)) or
					 logging or timber-clearing operations in initial preparation of land for
					 farming, or who does land leveling or only land surveying for any of the above.
					 As used in this definition, "land leveling" shall include only major land
					 moving operations changing the contour of the land, but shall not include
					 annual or seasonal tillage or preparation of land for
					 cultivation.