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 15126.2 - Consideration and Discussion of Significant Environmental Impacts

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Significant
				  Environmental Effects of the Proposed Project. An EIR shall identify and focus
				  on the significant effects of the proposed project on the environment. In
				  assessing the impact of a proposed project on the environment, the lead agency
				  should normally limit its examination to changes in the existing physical
				  conditions in the affected area as they exist at the time the notice of
				  preparation is published, or where no notice of preparation is published, at
				  the time environmental analysis is commenced. Direct and indirect significant
				  effects of the project on the environment shall be clearly identified and
				  described, giving due consideration to both the short-term and long-term
				  effects. The discussion should include relevant specifics of the area, the
				  resources involved, physical changes, alterations to ecological systems, and
				  changes induced in population distribution, population concentration, the human
				  use of the land (including commercial and residential development), health and
				  safety problems caused by the physical changes, and other aspects of the
				  resource base such as water, historical resources, scenic quality, and public
				  services. The EIR shall also analyze any significant environmental effects the
				  project might cause or risk exacerbating by bringing development and people
				  into the area affected. For example the EIR should evaluate any potentially
				  significant direct, indirect, or cumulative environmental impacts of locating
				  development in areas susceptible to hazardous conditions (e.g., floodplains,
				  coastlines, wildfire risk areas), including both short-term and long-term
				  conditions, as identified in authoritative hazard maps, risk assessments or in
				  land use plans, addressing such hazards areas.
(b) Energy Impacts. If analysis of the
				  project's energy use reveals that the project may result in significant
				  environmental effects due to wasteful, inefficient, or unnecessary use of
				  energy, or wasteful use of energy resources, the EIR shall mitigate that energy
				  use. This analysis should include the project's energy use for all project
				  phases and components, including transportation-related energy, during
				  construction and operation. In addition to building code compliance, other
				  relevant considerations may include, among others, the project's size,
				  location, orientation, equipment use and any renewable energy features that
				  could be incorporated into the project. (Guidance on information that may be
				  included in such an analysis is presented in Appendix F.) This analysis is
				  subject to the rule of reason and shall focus on energy use that is caused by
				  the project. This analysis may be included in related analyses of air quality,
				  greenhouse gas emissions, transportation or utilities in the discretion of the
				  lead agency.
(c) Significant
				  Environmental Effects Which Cannot be Avoided if the Proposed Project is
				  Implemented. Describe any significant impacts, including those which can be
				  mitigated but not reduced to a level of insignificance. Where there are impacts
				  that cannot be alleviated without imposing an alternative design, their
				  implications and the reasons why the project is being proposed, notwithstanding
				  their effect, should be described.
(d) Significant Irreversible Environmental
				  Changes Which Would be Caused by the Proposed Project Should it be Implemented.
				  Uses of nonrenewable resources during the initial and continued phases of the
				  project may be irreversible since a large commitment of such resources makes
				  removal or nonuse thereafter unlikely. Primary impacts and, particularly,
				  secondary impacts (such as highway improvement which provides access to a
				  previously inaccessible area) generally commit future generations to similar
				  uses. Also irreversible damage can result from environmental accidents
				  associated with the project. Irretrievable commitments of resources should be
				  evaluated to assure that such current consumption is justified. (See Public
				  Resources Code section
				  21100.1
				  and Title 14, California Code of Regulations, section
				  15127 for limitations to
				  applicability of this requirement.)
(e) Growth-Inducing Impact of the Proposed
				  Project. Discuss the ways in which the proposed project could foster economic
				  or population growth, or the construction of additional housing, either
				  directly or indirectly, in the surrounding environment. Included in this are
				  projects which would remove obstacles to population growth (a major expansion
				  of a waste water treatment plant might, for example, allow for more
				  construction in service areas). Increases in the population may tax existing
				  community service facilities, requiring construction of new facilities that
				  could cause significant environmental effects. Also discuss the characteristic
				  of some projects which may encourage and facilitate other activities that could
				  significantly affect the environment, either individually or cumulatively. It
				  must not be assumed that growth in any area is necessarily beneficial,
				  detrimental, or of little significance to the environment.
1. New
					 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 of subsections (a)
					 and (c) and NOTE filed 2-16-2010; operative 3-18-2010 (Register 2010, No.
					 8).
4. Amendment of subsection (a), new subsection (b), subsection
					 relettering 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: Sections
						21083
						and
						21083.05,
						Public Resources Code. Reference: Sections
						21002,
						21003
						and
						21100,
						Public Resources Code; CBIA v. BAAQMD (2015) 62 Cal.4th 369; Ukiah Citizens for
						Safety First v. City of Ukiah (2016) 248 Cal. App. 4th 256; Tracy First v. City
						of Tracy (2009) 177 Cal.App.4th 912; 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; Laurel Heights Improvement Association
						v. Regents of the University of California (1993) 6 Cal.4th 1112; and Goleta
						Union School Dist. v. Regents of the Univ. of California (1995) 37 Cal. App.4th
						1025.