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 7 - EIR Process › Section 15088.5 - Recirculation of an EIR Prior to Certification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A lead agency is required to recirculate
				  an EIR when significant new information is added to the EIR after public notice
				  is given of the availability of the draft EIR for public review under Section
				  15087 but before certification. As
				  used in this section, the term "information" can include changes in the project
				  or environmental setting as well as additional data or other information. New
				  information added to an EIR is not "significant" unless the EIR is changed in a
				  way that deprives the public of a meaningful opportunity to comment upon a
				  substantial adverse environmental effect of the project or a feasible way to
				  mitigate or avoid such an effect (including a feasible project alternative)
				  that the project's proponents have declined to implement. "Significant new
				  information" requiring recirculation include, for example, a disclosure showing
				  that:
(1) A new significant environmental
				  impact would result from the project or from a new mitigation measure proposed
				  to be implemented.
(2) A
				  substantial increase in the severity of an environmental impact would result
				  unless mitigation measures are adopted that reduce the impact to a level of
				  insignificance.
(3) A feasible
				  project alternative or mitigation measure considerably different from others
				  previously analyzed would clearly lessen the significant environmental impacts
				  of the project, but the project's proponents decline to adopt it.
(4) The draft EIR was so fundamentally and
				  basically inadequate and conclusory in nature that meaningful public review and
				  comment were precluded. (
Mountain Lion Coalition v. Fish & Game
				  Com.
(1989) 214 Cal.App.3d 1043).
California Code of Regulations › Title 14 - Natural Resources › Division 6 - Resources Agency › Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act › Article 7 - EIR Process › Section 15089 - Preparation of Final EIR

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The lead agency shall prepare a final EIR
				  before approving the project. The contents of a final EIR are specified in
				  Section 15132 of these
				  guidelines.
(b) Lead agencies may
				  provide an opportunity for review of the final EIR by the public or by
				  commenting agencies before approving the project. The review of a final EIR
				  should focus on the responses to comments on the draft EIR.
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
						21100,
						21105
						and
						21151,
						Public Resources Code; City of Carmel-by-the-Sea v. Board of Supervisors,
						(1977) 71 Cal. App. 3d 84; State Administrative Manual, Section
						1060.
California Code of Regulations › Title 14 - Natural Resources › Division 6 - Resources Agency › Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act › Article 7 - EIR Process › Section 15090 - Certification of the Final EIR

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Prior to approving a project the lead
				  agency shall certify that:
(1) The final EIR
				  has been completed in compliance with CEQA;
(2) The final EIR was presented to the
				  decisionmaking body of the lead agency and that the decisionmaking body
				  reviewed and considered the information contained in the final EIR prior to
				  approving the project; and
(3) The
				  final EIR reflects the lead agency's independent judgment and
				  analysis.
California Code of Regulations › Title 14 - Natural Resources › Division 6 - Resources Agency › Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act › Article 7 - EIR Process › Section 15091 - Findings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) No public
				  agency shall approve or carry out a project for which an EIR has been certified
				  which identifies one or more significant environmental effects of the project
				  unless the public agency makes one or more written findings for each of those
				  significant effects, accompanied by a brief explanation of the rationale for
				  each finding. The possible findings are:
(1)
				  Changes or alterations have been required in, or incorporated into, the project
				  which avoid or substantially lessen the significant environmental effect as
				  identified in the final EIR.
(2)
				  Such changes or alterations are within the responsibility and jurisdiction of
				  another public agency and not the agency making the finding. Such changes have
				  been adopted by such other agency or can and should be adopted by such other
				  agency.
(3) Specific economic,
				  legal, social, technological, or other considerations, including provision of
				  employment opportunities for highly trained workers, make infeasible the
				  mitigation measures or project alternatives identified in the final
				  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 7 - EIR Process › Section 15092 - Approval

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) After
				  considering the final EIR and in conjunction with making findings under Section
				  15091, the lead agency may decide
				  whether or how to approve or carry out the project.
(b) A public agency shall not decide to
				  approve or carry out a project for which an EIR was prepared unless either:
(1) The project as approved will not have a
				  significant effect on the environment, or
(2) The agency has:
(A) Eliminated or substantially lessened all
				  significant effects on the environment where feasible as shown in findings
				  under Section
				  15091, and
(B) Determined that any remaining significant
				  effects on the environment found to be unavoidable under Section
				  15091 are acceptable due to
				  overriding concerns as described in Section
				  15093.
California Code of Regulations › Title 14 - Natural Resources › Division 6 - Resources Agency › Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act › Article 7 - EIR Process › Section 15093 - Statement of Overriding Considerations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) CEQA requires the decision-making agency
				  to balance, as applicable, the economic, legal, social, technological, or other
				  benefits, including region-wide or statewide environmental benefits, of a
				  proposed project against its unavoidable environmental risks when determining
				  whether to approve the project. If the specific economic, legal, social,
				  technological, or other benefits, including region-wide or statewide
				  environmental benefits, of a proposal project outweigh the unavoidable adverse
				  environmental effects, the adverse environmental effects may be considered
				  "acceptable."
(b) When the lead
				  agency approves a project which will result in the occurrence of significant
				  effects which are identified in the final EIR but are not avoided or
				  substantially lessened, the agency shall state in writing the specific reasons
				  to support its action based on the final EIR and/or other information in the
				  record. The statement of overriding considerations shall be supported by
				  substantial evidence in the record.
(c) If an agency makes a statement of
				  overriding considerations, the statement should be included in the record of
				  the project approval and should be mentioned in the notice of determination.
				  This statement does not substitute for, and shall be in addition to, findings
				  required pursuant to Section
				  15091.
1. Amendment
					 of subsections (a) and (b) and amendment of NOTE filed 5-27-97; operative
					 5-27-97 pursuant to Government Code section
					 11343.4(d)
					 (Register 97, No. 22).
2. Amendment of subsections (b) and (c) and
					 amendment of NOTE filed 10-26-98; operative 10-26-98 pursuant to Public
					 Resources Code section
					 21087
					 (Register 98, No. 44).
3. Change without regulatory effect amending
					 NOTE filed 10-6-2005 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2005, No. 40).
4. Amendment of subsection (a)
					 and NOTE filed 2-16-2010; operative 3-18-2010 (Register 2010, No.
					 8).
Note: Authority cited: Sections
						21083
						and
						21083.05,
						Public Resources Code. Reference: Sections
						21002
						and
						21081,
						Public Resources Code; San Francisco Ecology Center v. City and County of San
						Francisco (1975) 48 Cal. App. 3d 584; City of Carmel-by-the-Sea v. Board of
						Supervisors (1977) 71 Cal. App. 3d 84; Sierra Club v. Contra Costa County
						(1992) 10 Cal.App.4th 1212; Citizens for Quality Growth v. City of Mount Shasta
						(1988) 198 Cal.App.3d 433; and City of Marina v. Board of Trustees of Cal.
						State Univ (2006) 39 Cal.4th 341.
California Code of Regulations › Title 14 - Natural Resources › Division 6 - Resources Agency › Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act › Article 7 - EIR Process › Section 15094 - Notice of Determination

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The lead agency shall file a Notice of
				  Determination within five working days after deciding to carry out or approve
				  the project.
(b) The notice of
				  determination shall include:
(1) An
				  identification of the project including the project title as identified on the
				  draft EIR, and the location of the project (either by street address and cross
				  street for a project in an urbanized area or by attaching a specific map,
				  preferably a copy of a U.S.G.S. 15' or 7-1/2' topographical map identified by
				  quadrangle name). If the notice of determination is filed with the State
				  Clearinghouse, the State Clearinghouse identification number for the draft EIR
				  shall be provided.
(2) A brief
				  description of the project.
(3) The
				  lead agency's name, the applicant's name, if any, and the date on which the
				  agency approved the project. If a responsible agency files the notice of
				  determination pursuant to Section
				  15096(i), the
				  responsible agency's name, the applicant's name, if any, and date of approval
				  shall also be identified.
(4) The
				  determination of the agency whether the project in its approved form will have
				  a significant effect on the environment.
(5) A statement that an EIR was prepared and
				  certified pursuant to the provisions of CEQA.
(6) Whether mitigation measures were made a
				  condition of the approval of the project, and whether a mitigation monitoring
				  plan/program was adopted.
(7)
				  Whether findings were made pursuant to Section
				  15091.
(8) Whether a statement of overriding
				  considerations was adopted for the project.
(9) The address where a copy of the final EIR
				  and the record of project approval may be examined.
(10) If different from the applicant, the
				  identity of the person undertaking the project which is supported, in whole or
				  in part, through contracts, grants, subsidies, loans, or other forms of
				  assistance from one or more public agencies or the identity of the person
				  receiving a lease, permit, license, certificate, or other entitlement for use
				  from one or more public agencies.
California Code of Regulations › Title 14 - Natural Resources › Division 6 - Resources Agency › Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act › Article 7 - EIR Process › Section 15095 - Disposition of a Final EIR

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The lead agency shall:
(a) File a copy of the final EIR with the
				  appropriate planning agency of any city, county, or city and county where
				  significant effects on the environment may occur.
(b) Include the final EIR as part of the
				  regular project report which is used in the existing project review and
				  budgetary process if such a report is used.
(c) Retain one or more copies of the final
				  EIR as public records for a reasonable period of time.
(d) Require the applicant to provide a copy
				  of the certified, final EIR to each responsible agency.
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
						21105,
						21151
						and
						21165,
						Public Resources Code; County of Inyo v. Yorty, (1973) 32 Cal. App. 3d
						795.
California Code of Regulations › Title 14 - Natural Resources › Division 6 - Resources Agency › Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act › Article 7 - EIR Process › Section 15096 - Process for a Responsible Agency

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) General. A responsible agency complies
				  with CEQA by considering the EIR or negative declaration prepared by the lead
				  agency and by reaching its own conclusions on whether and how to approve the
				  project involved. This section identifies the special duties a public agency
				  will have when acting as a responsible agency.
(b) Response to Consultation. A responsible
				  agency shall respond to consultation by the lead agency in order to assist the
				  lead agency in preparing adequate environmental documents for the project. By
				  this means, the responsible agency will ensure that the documents it will use
				  will comply with CEQA.
(1) In response to
				  consultation, a responsible agency shall explain its reasons for recommending
				  whether the lead agency should prepare an EIR or negative declaration for a
				  project. Where the responsible agency disagrees with the lead agency's proposal
				  to prepare a negative declaration for a project, the responsible agency should
				  identify the significant environmental effects which it believes could result
				  from the project and recommend either that an EIR be prepared or that the
				  project be modified to eliminate the significant effects.
(2) As soon as possible, but not longer than
				  30 days after receiving a notice of preparation from the lead agency, the
				  responsible agency shall send a written reply by certified mail or any other
				  method which provides the agency with a record showing that the notice was
				  received. The reply shall specify the scope and content of the environmental
				  information which would be germane to the responsible agency's statutory
				  responsibilities in connection with the proposed project. The lead agency shall
				  include this information in the 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 8 - Time Limits › Section 15100 - General

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Public agencies
				  shall adopt time limits to govern their implementation of CEQA consistent with
				  this article.
(b) Public agencies
				  should carry out their responsibilities for preparing and reviewing EIRs within
				  a reasonable period of time. The requirement for the preparation of an EIR
				  should not cause undue delays in the processing of applications for permits or
				  other entitlements to use.
1.
					 Renumbering and amendment of former Article 8 (Sections
					 15100-15129) to Article 19
					 (Sections 15300-15329) and new Article 8
					 (Sections 15100-15112) filed 7-13-83;
					 effective thirtieth day thereafter (Register 83, No. 29). For prior history,
					 see Register 82, No. 2.
2. Editorial correction of 7-13-83 order
					 redesignating effective date to 8-1-83 filed 7-14-83 (Register 83, No.
					 29).
3. 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
						21000-
						21176,
						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 8 - Time Limits › Section 15101 - Review of Application for Completeness

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A lead agency or responsible agency shall determine whether
					 an application for a permit or other entitlement for use is complete within 30
					 days from the receipt of the application except as provided in Section
					 15111. If no written determination
					 of the completeness of the application is made within that period, the
					 application will be deemed complete on the 30th day.
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: Section
						21083,
						Public Resources Code; and Section
						65943,
						Government 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 8 - Time Limits › Section 15102 - Initial Study

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The lead agency shall determine within 30 days after
					 accepting an application as complete whether it intends to prepare an EIR or a
					 negative declaration or use a previously prepared EIR or negative declaration
					 except as provided in Section
					 15111. The 30 day period may be
					 extended 15 days upon the consent of the lead agency and the project
					 applicant.
1. Amendment
					 filed 1-30-86; effective thirtieth day thereafter (Register 86, No.
					 5).
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
						21080.2,
						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 8 - Time Limits › Section 15103 - Response to Notice of Preparation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Responsible and Trustee Agencies, and the Office of
					 Planning and Research shall provide a response to a Notice of Preparation to
					 the Lead Agency within 30 days after receipt of the notice. If they fail to
					 reply within the 30 days with either a response or a well justified request for
					 additional time, the lead agency may assume that none of those entitles have a
					 response to make and may ignore a late response.
1. Amendment
					 filed 1-30-86; effective thirtieth day thereafter (Register 86, No.
					 5).
2. Change without regulatory effect amending section and 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
						21080.4,
						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 8 - Time Limits › Section 15104 - Convening of Meetings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The lead agency shall convene a meeting with agency
					 representatives to discuss the scope and content of the environmental
					 information a responsible agency will need in the EIR as soon as possible but
					 no later than 30 days after receiving a request for the meeting. The meeting
					 may be requested by the lead agency, a responsible agency, a trustee agency,
					 the Office of Planning and Research, or by the project
					 applicant.
1. Change
					 without regulatory effect amending section and 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
						21080.4,
						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 8 - Time Limits › Section 15105 - Public Review Period for a Draft EIR or a Proposed Negative Declaration or Mitigated Negative Declaration

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The public review period for a draft EIR
				  shall not be less than 30 days nor should it be longer than 60 days except in
				  unusual circumstances. When a draft EIR is submitted to the State Clearinghouse
				  for review by state agencies, the public review period shall not be less than
				  45 days, unless a shorter period, not less than 30 days, is approved by the
				  State Clearinghouse.
(b) The public
				  review period for a proposed negative declaration or mitigated negative
				  declaration shall be not less than 20 days. When a proposed negative
				  declaration or mitigated negative declaration is submitted to the State
				  Clearinghouse for review by state agencies, the public review period shall not
				  be less than 30 days, unless a shorter period, not less than 20 days, is
				  approved by the State Clearinghouse.
(c) If a draft EIR or proposed negative
				  declaration or mitigated negative declaration has been submitted to the State
				  Clearinghouse for review by state agencies, the public review period shall be
				  at least as long as the review period established by the State Clearinghouse.
				  The public review period and the state agency review period may, but are not
				  required to, begin and end at the same time. Day one of the state review period
				  shall be the date that the State Clearinghouse distributes the document to
				  state agencies.
(d) A shortened
				  Clearinghouse review period may be granted in accordance with the provisions of
				  Appendix K and the following principles:
(1) A
				  shortened review shall not be granted for any proposed project of statewide,
				  areawide, or regional environmental significance.
(2) Requests for shortened review periods
				  shall be submitted to the Clearinghouse in writing by the decision-making body
				  of the lead agency, or a representative authorized by ordinance, resolution, or
				  delegation of the decision-making body.
(3) The lead agency has contacted responsible
				  and trustee agencies and they have agreed to the shortened review
				  period.
California Code of Regulations › Title 14 - Natural Resources › Division 6 - Resources Agency › Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act › Article 8 - Time Limits › Section 15106 - Review by State Agencies

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 filed 5-27-97; operative 5-27-97 pursuant to Government Code section
					 11343.4(d)
					 (Register 97, No. 22).
Note: Authority cited: Sections
						21083
						and
						21087,
						Public Resources Code. Reference: Sections
						21104
						and
						21153,
						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 8 - Time Limits › Section 15107 - Completion of Negative Declaration for Certain Private Projects

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
With private projects involving the issuance of a lease,
					 permit, license, certificate, or other entitlement for use by one or more
					 public agencies, the negative declaration must be completed and approved within
					 180 days from the date when the lead agency accepted the application as
					 complete. Lead agency procedures may provide that the 180-day time limit may be
					 extended once for a period of not more than 90 days upon consent of the lead
					 agency and the applicant.
1. Amendment
					 of section heading and section filed 10-26-98; operative 10-26-98 pursuant to
					 Public Resources Code section
					 21087
					 (Register 98, No. 44).
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).
3. Amendment filed 12-28-2018;
					 operative 12-28-2018 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2018, No. 52).
Note: Authority cited: Section
						21083,
						Public Resources Code. Reference: Sections
						21100.2
						and
						21151.5,
						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 8 - Time Limits › Section 15108 - Completion and Certification of EIR

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
With a private project, the lead agency shall complete and
					 certify the final EIR as provided in Section
					 15090 within one year after the
					 date when the lead agency accepted the application as complete. Lead agency
					 procedures may provide that the one-year time limit may be extended once for a
					 period of not more than 90 days upon consent of the lead agency and the
					 applicant.
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
						21100.2
						and
						21151.5,
						Public Resources Code; and Government Code Section
						65950.
California Code of Regulations › Title 14 - Natural Resources › Division 6 - Resources Agency › Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act › Article 8 - Time Limits › Section 15109 - Suspension of Time Periods

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An unreasonable delay by an applicant in meeting requests
					 by the lead agency necessary for the preparation of a negative declaration or
					 an EIR shall suspend the running of the time periods described in Sections
					 15107 and
					 15108 for the period of the
					 unreasonable delay. Alternatively, an agency may disapprove a project
					 application where there is unreasonable delay in meeting requests. The agency
					 may allow a renewed application to start at the same point in the process where
					 the application was when it was disapproved.
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
						21100.2
						and
						21151.5,
						Public Resources Code; Carmel Valley View, Ltd. v. Maggini, 91 Cal. App. 3d
						318.
California Code of Regulations › Title 14 - Natural Resources › Division 6 - Resources Agency › Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act › Article 8 - Time Limits › Section 15110 - Projects with Federal Involvement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) At the request of an applicant, the lead
				  agency may waive the one-year time limit for completing and certifying a final
				  EIR or the 105-day period for completing a negative declaration if:
(1) The project will be subject to CEQA and
				  to the National Environmental Policy Act,
(2) Additional time will be required to
				  prepare a combined EIR-EIS or combined negative declaration-finding of no
				  significant impact as provided in Section
				  15221, and
(3) The time required to prepare the combined
				  document will be shorter than the time required to prepare the documents
				  separately.
California Code of Regulations › Title 14 - Natural Resources › Division 6 - Resources Agency › Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act › Article 8 - Time Limits › Section 15111 - Projects with Short Time Periods for Approval

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A few statutes or ordinances require
				  agencies to make decisions on permits within time limits that are so short that
				  review of the project under CEQA would be difficult. To enable the lead agency
				  to comply with both the permit statute and CEQA, the lead agency shall deem an
				  application for a project not received for filing under the permit statute or
				  ordinance until such time as progress toward completing the environmental
				  documentation required by CEQA is sufficient to enable the lead agency to
				  finish the CEQA process within the short permit time limit. This section will
				  apply where all of the following conditions are met:
(1) The enabling legislation for a program,
				  other than Chapter 4.5 (commencing with Section
				  65920) of Division 1 of Title 7 of
				  the Government Code, requires the lead agency to take action on an application
				  within a specified period of time that is six months or less, and
(2) The enabling legislation provides that
				  the project will become approved by operation of law if the lead agency fails
				  to take any action within such specified time period, and
(3) The project involves the issuance of a
				  lease, permit, license, certificate, or other entitlement for
				  use.
California Code of Regulations › Title 14 - Natural Resources › Division 6 - Resources Agency › Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act › Article 8 - Time Limits › Section 15112 - Statutes of Limitations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) CEQA provides unusually short statutes of
				  limitations on filing court challenges to the approval of projects under the
				  act.
(b) The statute of limitations
				  periods are not public review periods or waiting periods for the person whose
				  project has been approved. The project sponsor may proceed to carry out the
				  project as soon as the necessary permits have been granted. The statute of
				  limitations cuts off the right of another person to file a court action
				  challenging approval of the project after the specified time period has
				  expired.
(c) The statute of
				  limitations periods under CEQA are as follows:
(1) Where the public agency filed a notice of
				  determination in compliance with Sections
				  15075 or
				  15094,
				  30 days after the filing of the
				  notice and the posting on a list of such notices.
(2) Where the public agency filed a notice of
				  exemption in compliance with Section
				  15062,
				  35 days after the filing of the
				  notice and the posting on a list of such notices.
(3) Where a certified state regulatory agency
				  files a notice of decision in compliance with Public Resources Code Section
				  21080.5(d)(2)(E),
				  30 days after the filing of the notice.
(4) Where the Secretary for Resources
				  certifies a state environmental regulatory agency under Public Resources Code
				  Section
				  21080.5,
				  the certification may be challenged only during the 30 days following the
				  certification decision.
(5) Where
				  none of the other statute of limitations periods in this section apply, 180
				  days after either:
(A) The public agency's
				  decision to carry out or approve the project, or
(B) Commencement of the project if the
				  project is undertaken without a formal decision by the public
				  agency.
California Code of Regulations › Title 14 - Natural Resources › Division 6 - Resources Agency › Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act › Article 9 - Contents of Environmental Impact Reports › Section 15120 - General

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Environmental
				  Impact Reports shall contain the information outlined in this article, but the
				  format of the document may be varied. Each element must be covered, and when
				  these elements are not separated into distinct sections, the document shall
				  state where in the document each element is discussed.
(b) The EIR may be prepared as a separate
				  document, as part of a general plan, or as part of a project report. If
				  prepared as a part of the project report, it must still contain one separate
				  and distinguishable section providing either analysis of all the subjects
				  required in an EIR or as a minimum, a table showing where each of the subjects
				  is discussed. When the lead agency is a state agency, the EIR shall be included
				  as part of the regular project report if such a report is used in the agency's
				  existing review and budgetary process.
(c) Draft EIRs shall contain the information
				  required by Sections
				  15122 through
				  15131. Final EIRs shall contain
				  the same information and the subjects described in Section
				  15132.
(d) No document prepared pursuant to this
				  article that is available for public examination shall include a "trade secret"
				  as defined in Section
				  6254.7 of
				  the Government Code, information about the location of archaeological sites and
				  sacred lands, or any other information that is subject to the disclosure
				  restrictions of Section
				  6254 of
				  the Government Code.
1. Repealer
					 of Article 9 (Sections
					 15140-15151) and new Article 9
					 (Sections 15120-15132) filed 7-13-83;
					 effective thirtieth day thereafter (Register 83, No. 29). For prior history,
					 see Registers 82, No. 2; 80, No. 19; 78, No. 5; 77, No. 1; 76, No. 41; 75, Nos.
					 1 and 18; and 73, No. 50.
2. Editorial correction of 7-13-83 order
					 redesignating effective date to 8-1-83 filed 7-14-83 (Register 83, No.
					 29).
3. New subsection (d) and amendment of NOTE filed 10-26-98;
					 operative 10-26-98 pursuant to Public Resources Code section
					 21087
					 (Register 98, No. 44).
4. 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
						21100,
						21105
						and
						21160,
						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 9 - Contents of Environmental Impact Reports › Section 15121 - Informational Document

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An
				  EIR is an informational document which will inform public agency decisionmakers
				  and the public generally of the significant environmental effect of a project,
				  identify possible ways to minimize the significant effects, and describe
				  reasonable alternatives to the project. The public agency shall consider the
				  information in the EIR along with other information which may be presented to
				  the agency.
(b) While the
				  information in the EIR does not control the agency's ultimate discretion on the
				  project, the agency must respond to each significant effect identified in the
				  EIR by making findings under Section
				  15091 and if necessary by making a
				  statement of overriding considerations under Section
				  15093.
(c) The information in an EIR may constitute
				  substantial evidence in the record to support the agency's action on the
				  project if its decision is later challenged in court.
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: Section
						21061,
						Public Resources Code; Carmel Valley View, Ltd. v. Board of Supervisors, (1976)
						58 Cal. App. 3d 817.
California Code of Regulations › Title 14 - Natural Resources › Division 6 - Resources Agency › Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act › Article 9 - Contents of Environmental Impact Reports › Section 15122 - Table of Contents or Index

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An EIR shall contain at least a table of contents or an
					 index to assist readers in finding the analysis of different subjects and
					 issues.
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: Section
						21061,
						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 9 - Contents of Environmental Impact Reports › Section 15123 - Summary

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An EIR shall
				  contain a brief summary of the proposed actions and its consequences. The
				  language of the summary should be as clear and simple as reasonably
				  practical.
(b) The summary shall
				  identify:
(1) Each significant effect with
				  proposed mitigation measures and alternatives that would reduce or avoid that
				  effect;
(2) Areas of controversy
				  known to the lead agency including issues raised by agencies and the public;
				  and
(3) Issues to be resolved
				  including the choice among alternatives and whether or how to mitigate the
				  significant effects.
California Code of Regulations › Title 14 - Natural Resources › Division 6 - Resources Agency › Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act › Article 9 - Contents of Environmental Impact Reports › Section 15124 - Project Description

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The description of the project shall contain the following
					 information but should not supply extensive detail beyond that needed for
					 evaluation and review of the environmental impact.
(a) The precise location and boundaries of
				  the proposed project shall be shown on a detailed map, preferably topographic.
				  The location of the project shall also appear on a regional map.
(b) A statement of the objectives sought by
				  the proposed project. A clearly written statement of objectives will help the
				  lead agency develop a reasonable range of alternatives to evaluate in the EIR
				  and will aid the decision makers in preparing findings or a statement of
				  overriding considerations, if necessary. The statement of objectives should
				  include the underlying purpose of the project and may discuss the project
				  benefits.
(c) A general description
				  of the project's technical, economic, and environmental characteristics,
				  considering the principal engineering proposals if any and supporting public
				  service facilities.
(d) A statement
				  briefly describing the intended uses of the EIR.
(1) This statement shall include, to the
				  extent that the information is known to the lead agency,
(A) A list of the agencies that are expected
				  to use the EIR in their decision-making, and
(B) A list of permits and other approvals
				  required to implement the project.
(C) A list of related environmental review
				  and consultation requirements required by federal, state, or local laws,
				  regulations, or policies. To the fullest extent possible, the lead agency
				  should integrate CEQA review with these related environmental review and
				  consultation requirements.
California Code of Regulations › Title 14 - Natural Resources › Division 6 - Resources Agency › Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act › Article 9 - Contents of Environmental Impact Reports › Section 15125 - Environmental Setting

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An
				  EIR must include a description of the physical environmental conditions in the
				  vicinity of the project. This environmental setting will normally constitute
				  the baseline physical conditions by which a lead agency determines whether an
				  impact is significant. The description of the environmental setting shall be no
				  longer than is necessary to provide an understanding of the significant effects
				  of the proposed project and its alternatives. The purpose of this requirement
				  is to give the public and decision makers the most accurate and understandable
				  picture practically possible of the project's likely near-term and long-term
				  impacts.
(1) Generally, the lead agency
				  should describe physical environmental conditions as they exist at the time the
				  notice of preparation is published, or if no notice of preparation is
				  published, at the time environmental analysis is commenced, from both a local
				  and regional perspective. Where existing conditions change or fluctuate over
				  time, and where necessary to provide the most accurate picture practically
				  possible of the project's impacts, a lead agency may define existing conditions
				  by referencing historic conditions, or conditions expected when the project
				  becomes operational, or both, that are supported with substantial evidence. In
				  addition, a lead agency may also use baselines consisting of both existing
				  conditions and projected future conditions that are supported by reliable
				  projections based on substantial evidence in the record.
(2) A lead agency may use projected future
				  conditions (beyond the date of project operations) baseline as the sole
				  baseline for analysis only if it demonstrates with substantial evidence that
				  use of existing conditions would be either misleading or without informative
				  value to decision-makers and the public. Use of projected future conditions as
				  the only baseline must be supported by reliable projections based on
				  substantial evidence in the record.
(3) An existing conditions baseline shall not
				  include hypothetical conditions, such as those that might be allowed, but have
				  never actually occurred, under existing permits or plans, as the
				  baseline.
California Code of Regulations › Title 14 - Natural Resources › Division 6 - Resources Agency › Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act › Article 9 - Contents of Environmental Impact Reports › Section 15126 - Consideration and Discussion of Environmental Impacts

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
All phases of a project must be considered when evaluating
					 its impact on the environment: planning, acquisition, development, and
					 operation. The subjects listed below shall be discussed as directed in Sections
					 15126.2,
					 15126.4 and
					 15126.6, preferably in separate
					 sections or paragraphs of the EIR. If they are not discussed separately, the
					 EIR shall include a table showing where each of the subjects is
					 discussed.
(a) Significant
				  Environmental Effects of the Proposed Project.
(b) Significant Environmental Effects Which
				  Cannot be Avoided if the Proposed Project is Implemented.
(c) Significant Irreversible Environmental
				  Changes Which Would be Involved in the Proposed Project Should it be
				  Implemented.
(d) Growth-Inducing
				  Impact of the Proposed Project.
(e)
				  The Mitigation Measures Proposed to Minimize the Significant Effects.
(f) Alternatives to the Proposed
				  Project.
1. Amendment
					 of subsection (d), repealer and new subsections (d)(1)-(4), amendment of
					 subsection (d)(5), new subsections (d)(5)(A)-(B)3, designation of subsection
					 (d)(5)(C) and amendment of NOTE filed 8-19-94; operative 9-19-94 (Register 94,
					 No. 33).
2. Amendment of section heading, repealer of subsection
					 (e), subsection relettering, and amendment of NOTE filed 5-27-97; operative
					 5-27-97 pursuant to Government Code section
					 11343.4(d)
					 (Register 97, No. 22).
3. Amendment of first paragraph, repealer and
					 new subsections (a)-(f) and amendment of NOTE filed 10-26-98; operative
					 10-26-98 pursuant to Public Resources Code section
					 21087
					 (Register 98, No. 44).
4. 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
						21002,
						21003,
						21100
						and
						21081.6,
						Public Resources Code; Citizens of Goleta Valley v. Board of Supervisors,
						(1990) 52 Cal.3d 553; Laurel Heights Improvement Association v. Regents of the
						University of California, (1988) 47 Cal. 3d 376; Gentry v. City of Murrieta
						(1995) 36 Cal.App.4th 1359; and Laurel Heights Improvement Association v.
						Regents of the University of California (1993) 6 Cal. 4th
						1112.