California Code of Regulations › Title 14 - Natural Resources › Division 6 - Resources Agency › Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act › Article 18 - Statutory Exemptions › Section 15269 - Emergency Projects

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following emergency projects are exempt from the
					 requirements of CEQA.
(a) Projects to
				  maintain, repair, restore, demolish, or replace property or facilities damaged
				  or destroyed as a result of a disaster in a disaster stricken area in which a
				  state of emergency has been proclaimed by the Governor pursuant to the
				  California Emergency Services Act, commencing with Section
				  8550 of
				  the Government Code. This includes projects that will remove, destroy, or
				  significantly alter an historical resource when that resource represents an
				  imminent threat to the public of bodily harm or of damage to adjacent property
				  or when the project has received a determination by the State Office of
				  Historic Preservation pursuant to Section
				  5028(b) of Public
				  Resources Code.
(b) Emergency
				  repairs to publicly or privately owned service facilities necessary to maintain
				  service essential to the public health, safety or welfare. Emergency repairs
				  include those that require a reasonable amount of planning to address an
				  anticipated emergency.
(c) Specific
				  actions necessary to prevent or mitigate an emergency. This does not include
				  long-term projects undertaken for the purpose of preventing or mitigating a
				  situation that has a low probability of occurrence in the short-term, but this
				  exclusion does not apply (i) if the anticipated period of time to conduct an
				  environmental review of such a long-term project would create a risk to public
				  health, safety or welfare, or (ii) if activities (such as fire or catastrophic
				  risk mitigation or modifications to improve facility integrity) are proposed
				  for existing facilities in response to an emergency at a similar existing
				  facility.
(d) Projects undertaken,
				  carried out, or approved by a public agency to maintain, repair, or restore an
				  existing highway damaged by fire, flood, storm, earthquake, land subsidence,
				  gradual earth movement, or landslide, provided that the project is within the
				  existing right of way of that highway and is initiated within one year of the
				  damage occurring. This exemption does not apply to highways designated as
				  official state scenic highways, nor any project undertaken, carried out, or
				  approved by a public agency to expand or widen a highway damaged by fire,
				  flood, storm, earthquake, land subsidence, gradual earth movement, or
				  landslide.
(e) Seismic work on
				  highways and bridges pursuant to Section
				  180.2
				  of the Streets and Highways Code, Section
				  180 et seq.
1. Amendment
					 of section and NOTE 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 of subsections
					 (b)-(c) and amendment of NOTE 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
						21080(b)(2),
						21080(b)(3),
						21080(b)(4),
						21080.33
						and
						21172,
						Public Resources Code; CalBeach Advocates v. City of Solana Beach (2002) 103
						Cal. App. 4th 529; Castaic Lake Water Agency v. City of Santa Clarita (1995) 41
						Cal.App.4th 1257; and Western Municipal Water District of Riverside County v.
						Superior Court of San Bernardino County (1987) 187 Cal.App.3d
						1104.