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 15097 - Mitigation Monitoring or Reporting

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) This section applies when a public agency
				  has made the findings required under paragraph (1) of subdivision (a) of
				  Section 15091 relative to an EIR or
				  adopted a mitigated negative declaration in conjunction with approving a
				  project. In order to ensure that the mitigation measures and project revisions
				  identified in the EIR or negative declaration are implemented, the public
				  agency shall adopt a program for monitoring or reporting on the revisions which
				  it has required in the project and the measures it has imposed to mitigate or
				  avoid significant environmental effects. A public agency may delegate reporting
				  or monitoring responsibilities to another public agency or to a private entity
				  which accepts the delegation; however, until mitigation measures have been
				  completed the lead agency remains responsible for ensuring that implementation
				  of the mitigation measures occurs in accordance with the program.
(b) Where the project at issue is the
				  adoption of a general plan, specific plan, community plan or other plan-level
				  document (zoning, ordinance, regulation, policy), the monitoring plan shall
				  apply to policies and any other portion of the plan that is a mitigation
				  measure or adopted alternative. The monitoring plan may consist of policies
				  included in plan-level documents. The annual report on general plan status
				  required pursuant to the Government Code is one example of a reporting program
				  for adoption of a city or county general plan.
(c) The public agency may choose whether its
				  program will monitor mitigation, report on mitigation, or both. "Reporting"
				  generally consists of a written compliance review that is presented to the
				  decision making body or authorized staff person. A report may be required at
				  various stages during project implementation or upon completion of the
				  mitigation measure. "Monitoring" is generally an ongoing or periodic process of
				  project oversight. There is often no clear distinction between monitoring and
				  reporting and the program best suited to ensuring compliance in any given
				  instance will usually involve elements of both. The choice of program may be
				  guided by the following:
(1) Reporting is
				  suited to projects which have readily measurable or quantitative mitigation
				  measures or which already involve regular review. For example, a report may be
				  required upon issuance of final occupancy to a project whose mitigation
				  measures were confirmed by building inspection.
(2) Monitoring is suited to projects with
				  complex mitigation measures, such as wetlands restoration or archeological
				  protection, which may exceed the expertise of the local agency to oversee, are
				  expected to be implemented over a period of time, or require careful
				  implementation to assure compliance.
(3) Reporting and monitoring are suited to
				  all but the most simple projects. Monitoring ensures that project compliance is
				  checked on a regular basis during and, if necessary after, implementation.
				  Reporting ensures that the approving agency is informed of compliance with
				  mitigation requirements.