California Code of Regulations › Title 14 - Natural Resources › Division 6 - Resources Agency › Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act › Article 14 - Projects Also Subject to the National Environmental Policy Act (NEPA) › Section 15229 - Baseline Analysis for Military Base Reuse Plan EIRs

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
When preparing and certifying an EIR for a plan for the
					 reuse of a military base, including when utilizing an Environmental Impact
					 Statement pursuant to Section
					 21083.5
					 of the Public Resources Code, the determination of whether the reuse plan may
					 have a significant effect on the environment may, at the discretion of the lead
					 agency, be based upon the physical conditions which were present at the time
					 that the federal decision for the closure or realignment of the base or
					 reservation became final. These conditions shall be referred to as the
					 "baseline physical conditions." Impacts which do not exceed the baseline
					 physical conditions shall not be considered significant.
(a) Prior to circulating a draft EIR pursuant
				  to the provisions of this Section, the lead agency shall do all of the
				  following, in order:
(1) Prepare proposed
				  baseline physical conditions, identify pertinent responsible and trustee
				  agencies and consult with those agencies prior to the public hearing required
				  by subdivision (a)(2) as to the application of their regulatory authority and
				  permitting standards to the proposed baseline physical conditions, the proposed
				  reuse plan, and specific, planned future nonmilitary land uses of the base or
				  reservation. The affected agencies shall have not less than 30 days prior to
				  the public hearing to review the proposed baseline physical conditions and the
				  proposed reuse plan and to submit their comments to the lead agency.
(2) Hold a public hearing at which is
				  discussed the federal EIS prepared for, or being prepared for, the closure or
				  realignment of the military base or reservation. The discussion shall include
				  the significant effects on the environment, if any, examined in the EIS,
				  potential methods of mitigating those effects, including feasible alternatives,
				  and the mitigative effects of federal, state, and local laws applicable to
				  future nonmilitary activities. Prior to the close of the hearing, the lead
				  agency shall specify whether it will adopt any of the baseline physical
				  conditions for the reuse plan EIR and identify those conditions. The lead
				  agency shall specify particular baseline physical conditions, if any, which it
				  will examine in greater detail than they were examined in the EIS. Notice of
				  the hearing shall be given pursuant to Section
				  15087. The hearing may be
				  continued from time to time.
(3)
				  Prior to the close of the hearing, the lead agency shall do all of the
				  following:
(A) Specify the baseline physical
				  conditions which it intends to adopt for the reuse plan EIR, and specify
				  particular physical conditions, if any, which it will examine in greater detail
				  than were examined in the EIS.
(B)
				  State specifically how it intends to integrate its discussion of the baseline
				  physical conditions in the EIR with the reuse planning process, taking into
				  account the adopted environmental standards of the community, including but not
				  limited to, the adopted general plan, specific plan or redevelopment plan, and
				  including other applicable provisions of adopted congestion management plans,
				  habitat conservation or natural communities conservation plans, air quality
				  management plans, integrated waste management plans, and county hazardous waste
				  management plans.
(C) State the
				  specific economic or social reasons, including but not limited to, new job
				  creation, opportunities for employment of skilled workers, availability of low
				  and moderate-income housing, and economic continuity which support selection of
				  the baseline physical conditions.