reglab/statecodes huggingface dataset:
California Code of Regulations › Title 14 - Natural Resources › Division 6 - Resources Agency › Article 2 - General Provisions › Section 14112 - Determination of Eligibility

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Eligibility of land for payment shall be
				determined in accordance with the provisions of the Act and these regulations.
				Land, which in the opinion of the Secretary is eligible, must be subject to an
				enforceable restriction and must have been assessed pursuant to Section
				423,
				423.3,
				423.4,
				423.5, or 426 if previously assessed under Revenue and Taxation Code section
				423.4 and eligible pursuant to
				Government Code section
				16142(c),
				and the governing body having jurisdiction over the land must have a local open
				space plan as required by Section
				65563 of
				the Government Code. However, to be eligible, the land assessed pursuant to one
				of the above code sections need not be designated as open space in the plan,
				except as noted in the following subdivisions.
(b) The Secretary shall be the final judge of
				whether nonprime land devoted to open space use is of statewide significance.
				Only those nonprime lands devoted to open space use as defined in Section
				51201 and Section
				65560 of
				the Government Code which are designated for open space use in a local open
				space plan and which meet the criteria set forth in subdivision (c) shall be
				considered as land devoted to open space use of statewide significance and
				eligible for payment.
(c) Land
				shall be deemed to be devoted to open space use of statewide significance
				within the meaning of this section and Section
				16143 of
				the Government Code if it meets at least one of the following criteria:
(1) Areas of outstanding scientific, scenic
				and recreation value.
(2) Areas
				which are required as habitat for significant fish and wildlife resources,
				including rare and endangered species.
(3) Forest and agricultural lands which are
				judged to be of major importance in meeting future needs for food, fiber, and
				timber.
(4) Areas which provide
				green space and open areas in and around high-density metropolitan
				development.
(5) Areas which are
				required to provide needed access to coastal beaches, lakeshores, and
				riverbanks.
(6) Areas which require
				special development regulation because of hazardous or special conditions, such
				as earthquake fault zones, unstable slide areas, flood plains, and
				watersheds.
(7) Areas which serve
				as connecting links between major public recreation and open space sites, such
				as utility easements, streambanks, trails, and scenic highway
				corridors.
(8) Areas of major
				historic or cultural interest.
California Code of Regulations › Title 14 - Natural Resources › Division 6 - Resources Agency › Article 2 - General Provisions › Section 14113 - Computation of the Amount of Entitlement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The necessary computations to determine the amount of
				  entitlement under the Act shall be made on a parcel-by-parcel basis by the
				  governing body in accordance with Section
				  16142 of
				  the Government Code, and the provisions of these regulations.
(a) To determine the total entitlement for
				each parcel that exceeds 40 acres, computations shall be made for all
				categories of open space land within the single parcel. Entitlements for
				parcels of 40 acres or less shall be determined by the category to which the
				major part of the area is assigned. Computations shall be made to the nearest
				10 acres or less. Nothing in this subsection shall apply to any determination
				of the minimum legal size pursuant to Government Code Sections
				51222,
				66474.4,
				and/or any applicable State or local ordinance or rule regarding enrollment or
				subdivision of legal parcels subject to an enforceable restriction.
(b) The following types of lands shall not be
				entitled to payment:
(1) Acreage devoted to
				residential use and assessed pursuant to Section
				428
				of the Revenue and Taxation Code.
(2) Acreage assessed under Section
				426, unless previously assessed
				under Revenue and Taxation Code section
				423.4
				and eligible pursuant to 16142(c) of the Government Code;
(3) Acreage enforceably restricted pursuant
				to the Open Space Easement Act of 1974 (Chapter 6.6 (commencing with Section
				51070) of Part 1 of Division 1 of
				Title 5 of the Government Code);
(4) Parcels subject to contracts which are of
				less than 40 acres for Open Space Land of Statewide Significance, unless such
				parcels are contiguous to other restricted lands comprising more than 40 acres
				total, are subject to a written joint management agreement involving
				noncontiguous parcels which total more than 40 acres, or the board or council
				specifically finds these parcels will sustain commercial agricultural use;
				or
(5) Contracted acreage which is
				valued lower under Revenue and Taxation Code Section
				110.1
				than under Revenue and Taxation Code Section
				423,
				423.3
				or
				423.5.
California Code of Regulations › Title 14 - Natural Resources › Division 6 - Resources Agency › Article 2 - General Provisions › Section 14114 - Retention of Computations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Governing bodies shall retain all computations and supporting
				  documents for determining the amount of entitlement and will make them
				  available to the Secretary, Director, State Board of Equalization or State
				  Controller for audit upon request. Where such documents are otherwise
				  privileged or confidential, such records shall not become public records upon
				  transfer to a State agency as provided in this subsection. Retention of records
				  regarding assessment of lands shall be for a period of six years. Retention of
				  other records regarding contract administration and enforcement, including but
				  not limited to compatible use determinations, subdivision and permit approvals,
				  and cancellation decisions and valuations pursuant to Section
				  51283 of
				  the Government Code, shall continue as long as the effected contract remains in
				  effect plus nine years.
1. Amendment
				  of section and new NOTE filed 5-19-2000; operative 6-18-2000 (Register 2001,
				  No. 3).
2. Amendment filed 1-21-2003; operative 1-21-2003 pursuant
				  to Government Code section
				  11343.4
				  (Register 2003, No. 4).
Note: Authority cited: Sections
					 16144,
					 16154 and
					 65570,
					 Government Code. Reference: Sections
					 16146 and
					 16154,
					 Government Code.
California Code of Regulations › Title 14 - Natural Resources › Division 6 - Resources Agency › Article 2 - General Provisions › Section 14115 - Incomplete Application Records

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If the Secretary determines that an application report is
				  improperly completed or incomplete, the governing body, upon written
				  notification by the Department, shall re-submit or submit additional
				  information requested by the Department.
1. Amendment
				  filed 10-2-73; effective thirtieth day thereafter (Register 73, No.
				  40).
2. New NOTE filed 5-19-2000; operative 6-18-2000 (Register
				  2001, No. 3).
3. Renumbering of former section
				  14115 to section
				  14116 and renumbering of section
				  14116 to section
				  14115, including amendment of
				  section heading, section and NOTE, filed 1-21-2003; operative 1-21-2003
				  pursuant to Government Code section
				  11343.4
				  (Register 2003, No. 4).
Note: Authority cited: Sections
					 16144,
					 16154 and
					 65570,
					 Government Code. Reference: Sections
					 16144 and
					 16146,
					 Government Code.
California Code of Regulations › Title 14 - Natural Resources › Division 6 - Resources Agency › Article 2 - General Provisions › Section 14116 - Review by Secretary

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Upon receipt of a properly completed application report, the
				  Secretary will review it to determine the eligibility of the local government
				  to receive payment and the amount to which it is entitled in accordance with
				  the provisions of Section
				  16144 of
				  the Government Code.
1. New NOTE
				  filed 5-19-2000; operative 6-18-2000 (Register 2001, No. 3).
2.
				  Renumbering of former section
				  14116 to section
				  14115 and renumbering of former
				  section 14115 to section
				  14116 filed 1-21-2003; operative
				  1-21-2003 pursuant to Government Code section
				  11343.4
				  (Register 2003, No. 4).
Note: Authority cited: Sections
					 16144,
					 16154 and
					 65570,
					 Government Code. Reference: Section
					 16144,
					 Government Code.
California Code of Regulations › Title 14 - Natural Resources › Division 6 - Resources Agency › Article 2 - General Provisions › Section 14117 - Certification of Payment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Secretary, after determining the amount to which the
				  governing body is entitled, shall certify the amount to the State Controller
				  for payment.
(a) Annual entitlements
				may be certified for payment by the Secretary beginning in August of each year
				as the review of each application report pursuant to Section
				14110 is completed, and in the
				order that each is determined to be complete and accurate.
(b) Application reports received after April
				30 shall not be certified for payment by the Secretary until all application
				reports received pursuant to Section
				14110 prior to April 30 have been
				certified for payment. The Secretary may delay payments on application reports
				received after April 30 until the following fiscal year. Notwithstanding
				Section 14118 reports received after
				October 31 of the following fiscal year are not eligible for payment.
1. Amendment
				  of section and new NOTE filed 5-19-2000; operative 6-18-2000 (Register 2001,
				  No. 3).
Note: Authority cited: Sections
					 16144,
					 16154 and
					 65570,
					 Government Code. Reference: Section
					 16144,
					 Government Code.
California Code of Regulations › Title 14 - Natural Resources › Division 6 - Resources Agency › Article 2 - General Provisions › Section 14118 - Adjustments

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) New or
				additional information pertaining to eligibility or entitlement may be
				submitted by a governing body at any time up to and including October 31 of the
				year following submission of a timely application report to which the
				information pertains. Based on this information, the Secretary may make
				supplemental reports to the State Controller in accordance with Section
				16144 of
				the Government Code.
(b) Where the
				Secretary determines that an overpayment was made, deductions against an
				entitlement paid in accordance with provisions of Section
				14113 may be made in subsequent
				years to correct such overpayment. When changes to entitlement claims are due
				to corrections in governing body records, or improvements to record-keeping
				systems, the governing body shall provide, when requested by the Secretary,
				documentation of the changes on a contract-by-contract or parcel-by-parcel
				basis. In addition, the Secretary may deduct cancellation fees which have not
				been collected or transmitted within the time frame required by Section
				51283 of
				the Government Code.
1. Amendment
				  filed 10-2-73; effective thirtieth day thereafter (Register 73, No.
				  40).
2. Amendment of section and new NOTE filed 5-19-2000; operative
				  6-18-2000 (Register 2001, No. 3).
Note: Authority cited: Sections
					 16144,
					 16154 and
					 65570,
					 Government Code. Reference: Section
					 16144,
					 Government Code.
California Code of Regulations › Title 14 - Natural Resources › Division 6 - Resources Agency › Article 2 - General Provisions › Section 14119 - Determination of Ineligibility; Failure to Enforce

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In the event the Department finds that
				the Act as defined in this chapter, or any enforceable restriction, is violated
				by a county or city receiving open space subventions, the Department shall
				notify that city or county that the violation may result in a determination of
				ineligibility for open space subventions pursuant to Government Code 16146.
				Within 60 calendar days of receiving such notice, the city or county may
				request a hearing to contest the finding that a violation has occurred. Should
				the city or county fail to respond to this notice, otherwise fail to remedy the
				violation, or if the Department's finding of a violation be upheld following a
				hearing, the Director may certify to the controller that the city or county is
				ineligible to receive open space subventions.
(b) Nothing in this section shall limit the
				Secretary or Director's authority to otherwise pursue enforcement actions
				authorized by other state laws including but not limited to Government Code
				sections
				16147 or
				51294. A
				determination regarding subventions pursuant to this section shall not be
				construed as terminating the enforceable restriction in question.
1. New section
				  filed 5-19-2000; operative 6-18-2000 (Register 2001, No.
				  3).
Note: Authority cited: Sections
					 16144,
					 16154 and
					 65570,
					 Government Code. Reference: Section
					 16144,
					 Government Code.
California Code of Regulations › Title 14 - Natural Resources › Division 6 - Resources Agency › Article 2 - General Provisions › Section 14120 - Hearings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Upon receiving
				notification of a violation pursuant to section
				14119, or notification of an
				adjustment pursuant to section
				14118, the city or county shall
				have the right to request an informal hearing with the Department of
				Conservation pursuant to Government Code section
				11445.10
				et seq.
(b) Within 60 calendar days
				from receipt of a notification of a violation or notification of an adjustment,
				the city or county may deliver or mail to the director of the Department, a
				written request for a hearing. Such request shall include a statement of the
				basis for contesting the notice.
(c) The director of the department shall
				schedule the hearing no more than 45 calendar days from receipt of the city or
				county's written request, and shall notify the city or county in writing of the
				date set for the hearing.
(d)
				Failure to submit a written request for a hearing within 60 calendar days from
				receipt of a notification of a violation or an adjustment shall constitute a
				waiver of the city or county's right to a hearing.
(e) The director shall make a determination
				based upon review of the facts, information, and evidence presented at the
				hearing.
(f) The city or county
				shall be notified of the director's determination in writing within 15 calendar
				days from the date of the hearing.
1. New section
				  filed 1-21-2003; operative 1-21-2003 pursuant to Government Code section
				  11343.4
				  (Register 2003, No. 4).
Note: Authority cited: Sections
					 16146 and
					 65570,
					 Government Code. Reference: Sections
					 16146 and
					 11445.20(c),
					 Government Code.
California Code of Regulations › Title 14 - Natural Resources › Division 6 - Resources Agency › Article 3 - Special Provisions › Section 14125 - Waiver of Cancellation Fee for Terminating Open Space Easements and Agricultural Preserve Contracts

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In accordance with Sections
				  51061 and
				  51283 of
				  the Government Code, when a governing body finds it in the public interest to
				  waive the fee for abandoning open space easements or cancelling any Land
				  Conservation Act contract or agreement for agricultural preserves and that such
				  waiver or extension of time to pay following final cancellation otherwise
				  comports with the requirements of Government Code sections
				  51061 or
				  51283, the
				  governing body shall make a written request for approval of the waiver by the
				  Secretary and provide the following information:
(a) Date of the public hearing as required by
				Sections
				51284 and
				51061 of
				the Government Code.
(b) A map
				showing the assessor's parcel number, size and location of the parcel and the
				relationship of the parcel to adjoining parcels.
(c) Present land use of the parcel.
(d) Proposed land use of the parcel and when
				the change in land use will occur.
(e) The amount of the cancellation or
				abandonment fee and the basis for its calculation, including how the valuation
				of the land pursuant to Subsections
				51283(a) or
				51061 was determined. A statement
				of the conditions shall be submitted for partial waivers.
(f) A narrative fully explaining the basis
				for cancellation or abandonment, including approved findings and a detailed
				summary of substantial evidence to support each finding, and the reason or
				reasons for determining that a waiver of the cancellation or abandonment fee is
				in the public interest pursuant to Sections
				51283(c)(2)
				or
				51061 of
				the Government Code.
1. Amendment
				  of section and new NOTE filed 5-19-2000; operative 6-18-2000 (Register 2001,
				  No. 3).
Note: Authority cited: Sections
					 16144,
					 16154 and
					 65570,
					 Government Code. Reference: Sections
					 51061 and
					 51283,
					 Government Code.
California Code of Regulations › Title 14 - Natural Resources › Division 6 - Resources Agency › Chapter 2.5 - DREDGING PROJECTS IN SAN FRANCISCO BAY

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New Chapter
				2.5, Articles 1-5 (Sections
				14200-14272, not consecutive)
				filed 12-19-75; effective thirtieth day thereafter (Register 75, No.
				51).
2. Repealer of Chapter 2.5 (Article 1-5, Sections
				14200-14272, not consecutive)
				filed 1-7-82; effective thirtieth day thereafter (Register 82, No. 2).
Note: Authority cited: Section
				  162,
				  Harbors and Navigation 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 1 - General › Section 15000 - Authority

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The regulations contained in this chapter are prescribed by
					 the Secretary for Resources to be followed by all state and local agencies in
					 California in the implementation of the California Environmental Quality Act.
					 These Guidelines have been developed by the Office of Planning and Research for
					 adoption by the Secretary for Resources in accordance with Section
					 2108-3. Additional information may
					 be obtained by writing:
SECRETARY FOR RESOURCES
ROOM 1311, 1416 NINTH STREET
SACRAMENTO, CA 95814
These Guidelines are binding on all public agencies in
					 California.
1. New
					 Chapter 3, Articles 1 through 10 (§§
											15000 through
					 15166, not consecutive) filed
					 2-7-73; designated effective upon filing as provided in Section
					 21083,
					 Public Resources Code (Register 73, No. 6).
2. Amendment filed
					 7-13-83; effective thirtieth day thereafter (Register 83, No.
					 29).
3. Editorial correction of 7-13-83 order redesignating
					 effective date to 8-1-83 filed 7-14-83 (Register 83, No. 29).
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
						21082
						and
						21083,
						Public Resources Code; City of Santa Ana v. City of Garden Grove, (1979) 100
						Cal. App. 3d 521.
California Code of Regulations › Title 14 - Natural Resources › Division 6 - Resources Agency › Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act › Article 1 - General › Section 15001 - Short Title

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
These Guidelines may be cited as the "State CEQA
					 Guidelines." Existing references to the "State EIR Guidelines" shall be
					 construed to be references to the "State CEQA Guidelines."
1. New
					 section filed 1-3-75; designated effective 4-1-75 (Register 75, No.
					 1).
2. Amendment filed 1-7-82; effective thirtieth day thereafter
					 (Register 82, No. 2).
3. Amendment filed 7-13-83; effective
					 thirtieth day thereafter (Register 83, No. 29).
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).
Note: Authority cited: Section
						21083,
						Public Resources Code. Reference: Section
						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 1 - General › Section 15002 - General Concepts

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Basic Purposes of CEQA. The basic purposes of CEQA are to:
(1) Inform governmental decision makers and
				  the public about the potential, significant environmental effects of proposed
				  activities.
(2) Identify ways that
				  environmental damage can be avoided or significantly reduced.
(3) Prevent significant, avoidable damage to
				  the environment by requiring changes in projects through the use of
				  alternatives or mitigation measures when the governmental agency finds the
				  changes to be feasible.
(4)
				  Disclose to the public the reasons why a governmental agency approved the
				  project in the manner the agency chose if significant environmental effects are
				  involved.
California Code of Regulations › Title 14 - Natural Resources › Division 6 - Resources Agency › Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act › Article 1 - General › Section 15005 - Terminology

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following words are used to indicate whether a
					 particular subject in the Guidelines is mandatory, advisory, or
					 permissive:
(a) "Must" or "shall"
				  identifies a mandatory element which all public agencies are required to
				  follow.
(b) "Should" identifies
				  guidance provided by the Secretary for Resources based on policy considerations
				  contained in CEQA, in the legislative history of the statute, or in federal
				  court decisions which California courts can be expected to follow. Public
				  agencies are advised to follow this guidance in the absence of compelling,
				  countervailing considerations.
(c)
				  "May" identifies a permissive element which is left fully to the discretion of
				  the public agencies involved.
1. New
					 section filed 7-13-83; effective thirtieth day thereafter (Register 83, No.
					 29). For history of former section, see Register 75, No. 1.
2.
					 Editorial correction of 7-13-83 order redesignating effective date to 8-1-83
					 filed 7-14-83 (Register 83, No. 29).
3. Editorial correction of
					 7-13-83 order filed 7-26-83 (Register 83, No. 33).
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
						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 1 - General › Section 15007 - Amendments

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) These
				  guidelines will be amended from time to time to match new developments relating
				  to CEQA.
(b) Amendments to the
				  guidelines apply prospectively only. New requirements in amendments will apply
				  to steps in the CEQA process not yet undertaken by the date when agencies must
				  comply with the amendments.
(c) If
				  a document meets the content requirements in effect when the document is set
				  out for public review, the document shall not need to be revised to conform to
				  any new content requirements in guideline amendments taking effect before the
				  document is finally approved.
(d)
				  Public agencies shall comply with new requirements in amendments to the
				  guidelines beginning with the earlier of the following two dates:
(1) The effective date of the agency's
				  procedures amended to conform to the new guideline amendments; or
(2) The 120th day after the effective date of
				  the guideline amendments.
California Code of Regulations › Title 14 - Natural Resources › Division 6 - Resources Agency › Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act › Article 2 - GENERAL RESPONSIBILITIES › Section 15020 - General

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Each public agency is responsible for complying with CEQA
					 and these Guidelines. A public agency must meet its own responsibilities under
					 CEQA and shall not rely on comments from other public agencies or private
					 citizens as a substitute for work CEQA requires the lead agency to accomplish.
					 For example, a lead agency is responsible for the adequacy of its environmental
					 documents. The lead agency shall not knowingly release a deficient document
					 hoping that public comments will correct defects in the
					 document.
1. Repealer
					 of Article 2 (Sections
					 15005 and
					 15006) and new Article 2 (Sections
					 15020-15025) filed 7-13-83;
					 effective thirtieth day thereafter (Register 83, No. 29). For prior history,
					 see Registers 80, No. 19; 75, No. 1; 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. 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,
						21082.1,
						Public Resources Code; Russian Hill Improvement Association v. Board of Permit
						Appeals, 44 Cal. App. 3d 158 (1975).
California Code of Regulations › Title 14 - Natural Resources › Division 6 - Resources Agency › Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act › Article 2 - GENERAL RESPONSIBILITIES › Section 15021 - Duty to Minimize Environmental Damage and Balance Competing Public Objectives

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) CEQA
				  establishes a duty for public agencies to avoid or minimize environmental
				  damage where feasible.
(1) In regulating
				  public or private activities, agencies are required to give major consideration
				  to preventing environmental damage.
(2) A public agency should not approve a
				  project as proposed if there are feasible alternatives or mitigation measures
				  available that would substantially lessen any significant effects that the
				  project would have on the environment.
California Code of Regulations › Title 14 - Natural Resources › Division 6 - Resources Agency › Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act › Article 2 - GENERAL RESPONSIBILITIES › Section 15022 - Public Agency Implementing Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Each public agency shall adopt
				  objectives, criteria, and specific procedures consistent with CEQA and these
				  Guidelines for administering its responsibilities under CEQA, including the
				  orderly evaluation of projects and preparation of environmental documents. The
				  implementing procedures should contain at least provisions for:
(1) Identifying the activities that are
				  exempt from CEQA. These procedures should contain:
(A) Provisions for evaluating a proposed
				  activity to determine if there is no possibility that the activity may have a
				  significant effect on the environment.
(B) A list of projects or permits over which
				  the public agency has only ministerial authority.
(C) A list of specific activities which the
				  public agency has found to be within the categorical exemptions established by
				  these guidelines.
California Code of Regulations › Title 14 - Natural Resources › Division 6 - Resources Agency › Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act › Article 2 - GENERAL RESPONSIBILITIES › Section 15023 - Office of Planning and Research (OPR)

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) From time to time OPR shall review the
				  State CEQA Guidelines and shall make recommendations for amendments to the
				  Secretary for Resources.
(b) OPR
				  shall receive and evaluate proposals for adoption, amendment, or repeal of
				  categorical exemptions and shall make recommendations on the proposals to the
				  Secretary for Resources. People making suggestions concerning categorical
				  exemptions shall submit their recommendations to OPR with supporting
				  information to show that the class of projects in the proposal either will or
				  will not have a significant effect on the environment.
(c) The State Clearinghouse in the Office of
				  Planning and Research shall be responsible for distributing environmental
				  documents to State agencies, departments, boards, and commissions for review
				  and comment.
(d) Upon request of a
				  Lead Agency or a project applicant, OPR shall provide assistance in identifying
				  the various responsible agencies and any federal agencies which have
				  responsibility for carrying out or approving a proposed project.
(e) OPR shall ensure that state responsible
				  agencies provide the necessary information to lead agencies in response to
				  notices of preparation within at most 30 days after receiving a notice of
				  preparation.
(f) OPR shall resolve
				  disputes as to which agency is the lead agency for a project.
(g) OPR shall receive and file all notices of
				  completion, determination, and exemption.
(h) OPR shall establish and maintain a
				  database for the collection, storage, retrieval, and dissemination of notices
				  of exemption, notices of preparation, notices of determination, and notices of
				  completion provided to the office. This database of notice information shall be
				  available through the Internet.
1. Amendment
					 of subsection (e) and new subsection (g) filed 1-30-86; effective thirtieth day
					 thereafter (Register 86, No. 5).
2. New subsection (h) and amendment
					 of NOTE filed 9-7-2004; operative 9-7-2004 pursuant to Public Resources Code
					 section
					 21083(e)
					 (Register 2004, No. 37).
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
						21080.4,
						21083,
						21086,
						21087,
						21108,
						21159.9
						and
						21161,
						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 2 - GENERAL RESPONSIBILITIES › Section 15024 - Secretary for Resources

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Guidelines shall be adopted by the
				  Secretary for Resources. The Secretary shall make a finding that each class of
				  projects given a categorical exemption will not have a significant effect on
				  the environment.
(b) The Secretary
				  may issue amendments to these Guidelines.
(c) The Secretary shall certify state
				  environmental regulatory programs which meet the standards for certification in
				  Section
				  21080.5,
				  Public Resources Code.
(d) The
				  Secretary shall receive and file notices required by certified state
				  environmental regulatory programs.
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: Sections
						21080.5,
						21083,
						21084,
						21086,
						21088
						and
						21152,
						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 2 - GENERAL RESPONSIBILITIES › Section 15025 - Delegation of Responsibilities

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A public agency may assign specific
				  functions to its staff to assist in administering CEQA. Functions which may be
				  delegated include but are not limited to:
(1)
				  Determining whether a project is exempt.
(2) Conducting an initial study and deciding
				  whether to prepare a draft EIR or negative declaration.
(3) Preparing a negative declaration or
				  EIR.
(4) Determining that a
				  negative declaration has been completed within a period of 180 days.
(5) Preparing responses to comments on
				  environmental documents.
(6) Filing
				  of notices.
California Code of Regulations › Title 14 - Natural Resources › Division 6 - Resources Agency › Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act › Article 3 - AUTHORITIES GRANTED TO PUBLIC AGENCIES BY CEQA › Section 15040 - Authority Provided by CEQA

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) CEQA is intended to be used in
				  conjunction with discretionary powers granted to public agencies by other
				  laws.
(b) CEQA does not grant an
				  agency new powers independent of the powers granted to the agency by other
				  laws.
(c) Where another law grants
				  an agency discretionary powers, CEQA supplements those discretionary powers by
				  authorizing the agency to use the discretionary powers to mitigate or avoid
				  significant effects on the environment when it is feasible to do so with
				  respect to projects subject to the powers of the agency. Prior to January 1,
				  1983, CEQA provided implied authority for an agency to use its discretionary
				  powers to mitigate or avoid significant effects on the environment. Effective
				  January 1, 1983, CEQA provides express authority to do so.
(d) The exercise of the discretionary powers
				  may take forms that had not been expected before the enactment of CEQA, but the
				  exercise must be within the scope of the power.
(e) The exercise of discretionary powers for
				  environmental protection shall be consistent with express or implied
				  limitations provided by other laws.
1. Repealer
					 of Article 3 (Sections
					 15010-15016) and new Article 3
					 (Sections 15040-15045) 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; 76, No. 41; 75, Nos. 1 and 18;
					 74, Nos. 3 and 4; 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. 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,
						21001,
						21002,
						21002.1
						and
						21004,
						Public Resources Code; Section
						4, Chapter 1438, Statutes of 1982;
						Golden Gate Bridge, Etc., Dist. v. Muzzi, (1978) 83 Cal. App. 3d 707; E.D.F. v.
						Mathews, 410 F. Supp. 336, 339 (D.D.C., 1976); Friends of Mammoth v. Board of
						Supervisors, (1972) 8 Cal. 3d 247; Pinewood Investors v. City of Oxnard (1982)
						133 Cal. App. 3d 1030.
California Code of Regulations › Title 14 - Natural Resources › Division 6 - Resources Agency › Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act › Article 3 - AUTHORITIES GRANTED TO PUBLIC AGENCIES BY CEQA › Section 15041 - Authority to Mitigate

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Within the limitations described in Section
					 15040:
(a) A lead agency for a project has authority
				  to require feasible changes in any or all activities involved in the project in
				  order to substantially lessen or avoid significant effects on the environment,
				  consistent with applicable constitutional requirements such as the "nexus" and
				  "rough proportionality" standards established by case law (Nollan v. California
				  Coastal Commission (1987) 483 U.S. 825, Dolan v. City of
				  Tigard, (1994) 512 U.S.
				  374, Ehrlich v. City of Culver City, (1996)
				  12 Cal. 4th 854.).
(b) When a
				  public agency acts as a responsible agency for a project, the agency shall have
				  more limited authority than a lead agency. The responsible agency may require
				  changes in a project to lessen or avoid only the effects, either direct or
				  indirect, of that part of the project which the agency will be called on to
				  carry out or approve.
(c) With
				  respect to a project which includes housing development, a lead or responsible
				  agency shall not reduce the proposed number of housing units as a mitigation
				  measure or alternative to lessen a particular significant effect on the
				  environment if that agency determines that there is another feasible, specific
				  mitigation measure or alternative that would provide a comparable lessening of
				  the significant effect.
1. Amendment
					 of first paragraph, subsection (a) 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).
Note: Authority cited: Section
						21083,
						Public Resources Code. Reference: Sections
						21002,
						21002.1
						and
						21159.26,
						Public Resources Code; Golden Gate Bridge, Etc., District v. Muzzi (1978) 83
						Cal. App. 3d 707; and Laurel Hills Homeowners Assn. v. City Council of City of
						Los Angeles (1978) 83 Cal.App.3d 515.
California Code of Regulations › Title 14 - Natural Resources › Division 6 - Resources Agency › Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act › Article 3 - AUTHORITIES GRANTED TO PUBLIC AGENCIES BY CEQA › Section 15042 - Authority to Disapprove Projects

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A public agency may disapprove a project if necessary in
					 order to avoid one or more significant effects on the environment that would
					 occur if the project were approved as proposed. A lead agency has broader
					 authority to disapprove a project than does a responsible agency. A responsible
					 agency may refuse to approve a project in order to avoid direct or indirect
					 environmental effects of that part of the project which the responsible agency
					 would be called on to carry out or approve. For example, an air quality
					 management district acting as a responsible agency would not have authority to
					 disapprove a project for water pollution effects that were unrelated to the air
					 quality aspects of the project regulated by the district.
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
						21002
						and
						21002.1,
						Public Resources Code; Friends of Mammoth v. Mono County, 8 Cal. App. 3d 247;
						San Diego Trust and Savings Bank v. Friends of Gill, 121 Cal. App. 3d
						203.
California Code of Regulations › Title 14 - Natural Resources › Division 6 - Resources Agency › Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act › Article 3 - AUTHORITIES GRANTED TO PUBLIC AGENCIES BY CEQA › Section 15043 - Authority to Approve Projects Despite Significant Effects

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A public agency may approve a project even though the
					 project would cause a significant effect on the environment if the agency makes
					 a fully informed and publicly disclosed decision that:
(a) There is no feasible way to lessen or
				  avoid the significant effect (see Section
				  15091); and
(b) Specifically identified expected benefits
				  from the project outweigh the policy of reducing or avoiding significant
				  environmental impacts of the project. (See Section
				  15093.)
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
						21002
						and
						21002.1,
						Public Resources Code; San Francisco Ecology Center v. City and County of San
						Francisco, (1975) 48 Cal. App. 3d 584; San Diego Trust & Savings Bank v.
						Friends of Gill, (1981) 121 Cal. App. 3d
						203.
California Code of Regulations › Title 14 - Natural Resources › Division 6 - Resources Agency › Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act › Article 3 - AUTHORITIES GRANTED TO PUBLIC AGENCIES BY CEQA › Section 15044 - Authority to Comment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any person or entity other than a responsible agency may
					 submit comments to a lead agency concerning any environmental effects of a
					 project being considered by the lead agency.
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: Sections
						21000,
						21001,
						21002.1,
						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 3 - AUTHORITIES GRANTED TO PUBLIC AGENCIES BY CEQA › Section 15045 - Fees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For a project
				  to be carried out by any person or entity other than the lead agency, the lead
				  agency may charge and collect a reasonable fee from the person or entity
				  proposing the project in order to recover the estimated costs incurred in
				  preparing environmental documents and for procedures necessary to comply with
				  CEQA on the project. Litigation expenses, costs and fees incurred in actions
				  alleging noncompliance with CEQA are not recoverable under this
				  section.
(b) Public agencies may
				  charge and collect a reasonable fee from members of the public for a copy of an
				  environmental document not to exceed the actual cost of reproducing a
				  copy.
1. Amendment
					 of subsection (a) 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).
Note: Authority cited: Section
						21083,
						Public Resources Code. Reference: Sections
						21089
						and
						21105,
						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 4 - Lead Agency › Section 15050 - Lead Agency Concept

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Where a project is to be carried out or approved by more than one public
				  agency, one public agency shall be responsible for preparing an EIR or negative
				  declaration for the project. This agency shall be called the lead
				  agency.
(b) Except as provided in
				  subdivision (c), the decisionmaking body of each responsible agency shall
				  consider the lead agency's EIR or negative declaration prior to acting upon or
				  approving the project. Each responsible agency shall certify that its
				  decisionmaking body reviewed and considered the information contained in the
				  EIR or negative declaration on the project.
(c) The determination of the lead agency of
				  whether to prepare an EIR or a negative declaration shall be final and
				  conclusive for all persons, including responsible agencies, unless:
(1) The decision is successfully challenged
				  as provided in Section
				  21167
				  of the Public Resources Code,
(2)
				  Circumstances or conditions change as provided in Section
				  15162, or
(3) A responsible agency becomes a lead
				  agency under Section
				  15052.
California Code of Regulations › Title 14 - Natural Resources › Division 6 - Resources Agency › Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act › Article 4 - Lead Agency › Section 15051 - Criteria for Identifying the Lead Agency

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Where two or more public agencies will be involved with a
					 project, the determination of which agency will be the lead agency shall be
					 governed by the following criteria:
(a) If the project will be carried out by a
				  public agency, that agency shall be the lead agency even if the project would
				  be located within the jurisdiction of another public agency.
(b) If the project is to be carried out by a
				  nongovernmental person or entity, the lead agency shall be the public agency
				  with the greatest responsibility for supervising or approving the project as a
				  whole.
(1) The lead agency will normally be
				  the agency with general governmental powers, such as a city or county, rather
				  than an agency with a single or limited purpose such as an air pollution
				  control district or a district which will provide a public service or public
				  utility to the project.
(2) Where a
				  city prezones an area, the city will be the appropriate lead agency for any
				  subsequent annexation of the area and should prepare the appropriate
				  environmental document at the time of the prezoning. The local agency formation
				  commission shall act as a responsible agency.