reglab/statecodes huggingface dataset:
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 15052 - Shift in Lead Agency Designation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Where a responsible agency is called on
				  to grant an approval for a project subject to CEQA for which another public
				  agency was the appropriate lead agency, the responsible agency shall assume the
				  role of the lead agency when any of the following conditions occur:
(1) The lead agency did not prepare any
				  environmental documents for the project, and the statute of limitations has
				  expired for a challenge to the action of the appropriate lead agency.
(2) The lead agency prepared environmental
				  documents for the project, but the following conditions occur:
(A) A subsequent EIR is required pursuant to
				  Section 15162,
(B) The lead agency has granted a final
				  approval for the project, and
(C)
				  The statute of limitations for challenging the lead agency's action under CEQA
				  has expired.
(3) The lead
				  agency prepared inadequate environmental documents without consulting with the
				  responsible agency as required by Sections
				  15072 or
				  15082, and the statute of
				  limitations has expired for a challenge to the action of the appropriate lead
				  agency.
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 15053 - Designation of Lead Agency by the Office of Planning and Research

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If there is a
				  dispute over which of several agencies should be the lead agency for a project,
				  the disputing agencies should consult with each other in an effort to resolve
				  the dispute prior to submitting it to the Office of Planning and Research. If
				  an agreement cannot be reached, any of the disputing public agencies, or the
				  applicant if a private project is involved, may submit the dispute to the
				  Office of Planning and Research for resolution.
(b) For purposes of this section, a "dispute"
				  means a contested, active difference of opinion between two or more public
				  agencies as to which of those agencies shall prepare any necessary
				  environmental document. A dispute exists where each of those agencies claims
				  that it either has or does not have the obligation to prepare that
				  environmental document.
(c) The
				  Office of Planning and Research shall designate a lead agency within 21 days
				  after receiving a completed request to resolve a dispute. The Office of
				  Planning and Research shall not designate a lead agency in the absence of a
				  dispute.
(d) Regulations adopted by
				  the Office of Planning and Research for resolving lead agency disputes may be
				  found in Title 14, California Code of Regulations, Sections
				  16000 et seq.
(e) Designation of a lead agency by the
				  Office of Planning and Research shall be based on consideration of the criteria
				  in Section
				  15051 as well as the capacity of
				  the agency to adequately fulfill the requirements of CEQA.
1. Change
					 without regulatory effect amending subsections (c) and (d) and amending NOTE
					 filed 7-22-2003 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2003, No. 30).
2. Change without regulatory
					 effect amending section heading, section and NOTE filed 10-6-2005 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2005, No. 40).
3. Amendment filed 7-27-2007;
					 operative 7-27-2007 pursuant to Public Resources Code section
					 21083(f)
					 (Register 2007, No. 30).
Note: Authority cited: Section
						21083,
						Public Resources Code. Reference: Section
						21165,
						Public Resources Code; and California Code of Regulations, Title 14, Sections
						16000-16041.
California Code of Regulations › Title 14 - Natural Resources › Division 6 - Resources Agency › Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act › Article 5 - Preliminary Review of Projects and Conduct of Initial Study › Section 15060 - Preliminary Review

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  lead agency is allowed 30 days to review for completeness applications for
				  permits or other entitlements for use. While conducting this review for
				  completeness, the agency should be alert for environmental issues that might
				  require preparation of an EIR or that may require additional explanation by the
				  applicant. Accepting an application as complete does not limit the authority of
				  the lead agency to require the applicant to submit additional information
				  needed for environmental evaluation of the project. Requiring such additional
				  information after the application is complete does not change the status of the
				  application.
(b) Except as provided
				  in Section
				  15111, the lead agency shall begin
				  the formal environmental evaluation of the project after accepting an
				  application as complete and determining that the project is subject to
				  CEQA.
(c) Once an application is
				  deemed complete, a lead agency must first determine whether an activity is
				  subject to CEQA before conducting an initial study. An activity is not subject
				  to CEQA if:
(1) The activity does not involve
				  the exercise of discretionary powers by a public agency;
(2) The activity will not result in a direct
				  or reasonably foreseeable indirect physical change in the environment;
				  or
(3) The activity is not a
				  project as defined in Section
				  15378.
California Code of Regulations › Title 14 - Natural Resources › Division 6 - Resources Agency › Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act › Article 5 - Preliminary Review of Projects and Conduct of Initial Study › Section 15060.5 - Preapplication Consultation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For a potential project involving the
				  issuance of a lease, permit, license, certificate, or other entitlement for use
				  by one or more public agencies, the lead agency shall, upon the request of a
				  potential applicant and prior to the filing of a formal application, provide
				  for consultation with the potential applicant to consider the range of actions,
				  potential alternatives, mitigation measures, and any potential significant
				  effects on the environment of the potential project.
(b) The lead agency may include in the
				  consultation one or more responsible agencies, trustee agencies, and other
				  public agencies who in the opinion of the lead agency may have an interest in
				  the proposed project. The lead agency may consult the Office of Permit
				  Assistant in the Trade and Commerce Agency for help in identifying interested
				  agencies.
1. New
					 section filed 5-27-97; operative 5-27-97 pursuant to Government Code section
					 11343.4(d)
					 (Register 97, No. 22).
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: Section
						21080.1,
						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 5 - Preliminary Review of Projects and Conduct of Initial Study › Section 15061 - Review for Exemption

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Once a lead agency has determined that an
				  activity is a project subject to CEQA, a lead agency shall determine whether
				  the project is exempt from CEQA.
(b) A project is exempt from CEQA if:
(1) The project is exempt by statute (see,
				  e.g. Article 18, commencing with Section
				  15260).
(2) The project is exempt pursuant to a
				  categorical exemption (see Article 19, commencing with Section
				  15300) and the application of that
				  categorical exemption is not barred by one of the exceptions set forth in
				  Section 15300.2.
(3) The activity is covered by the common
				  sense exemption that CEQA applies only to projects which have the potential for
				  causing a significant effect on the environment. Where it can be seen with
				  certainty that there is no possibility that the activity in question may have a
				  significant effect on the environment, the activity is not subject to
				  CEQA.
(4) The project will be
				  rejected or disapproved by a public agency. (See Section
				  15270(b)).
(5) The project is exempt pursuant to the
				  provisions of Article 12.5 of this Chapter.
California Code of Regulations › Title 14 - Natural Resources › Division 6 - Resources Agency › Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act › Article 5 - Preliminary Review of Projects and Conduct of Initial Study › Section 15062 - Notice of Exemption

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) When a public agency decides that a
				  project is exempt from CEQA pursuant to Section
				  15061, and the public agency
				  approves or determines to carry out the project, the agency may, file a notice
				  of exemption. The notice shall be filed, if at all, after approval of the
				  project. Such a notice shall include:
(1) A
				  brief description of the project,
(2) The location of the project (either by
				  street address and cross street for a project in an urbanized area or by
				  attaching a specific map, preferably a copy of a U.S.G.S. 15' or 7-1/2'
				  topographical map identified by quadrangle name),
(3) A finding that the project is exempt from
				  CEQA, including a citation to the State Guidelines section or statute under
				  which it is found to be exempt,
(4)
				  A brief statement of reasons to support the finding, and
(5) The applicant's name, if any.
(6) If different from the applicant, the
				  identity of the person undertaking the project which is supported, in whole or
				  in part, through contracts, grants, subsidies, loans, or other forms of
				  assistance from one or more public agencies or the identity of the person
				  receiving a lease, permit, license, certificate, or other entitlement for use
				  from one or more public agencies.
California Code of Regulations › Title 14 - Natural Resources › Division 6 - Resources Agency › Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act › Article 5 - Preliminary Review of Projects and Conduct of Initial Study › Section 15063 - Initial Study

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Following preliminary review, the lead agency shall conduct an initial study
				  determine if the project may have a significant effect on the environment. If
				  the lead agency can determine that an EIR will clearly be required for the
				  project, an initial study is not required but may still be desirable.
(1) All phases of project planning,
				  implementation, and operation must be considered in the initial study of the
				  project.
(2) To meet the
				  requirements of this section, the lead agency may use an environmental
				  assessment or a similar analysis prepared pursuant to the National
				  Environmental Policy Act.
(3) An
				  initial study may rely upon expert opinion supported by facts, technical
				  studies or other substantial evidence to document its findings. However, an
				  initial study is neither intended nor required to include the level of detail
				  included in an EIR.
(4) The lead
				  agency may use any of the arrangements or combination of arrangements described
				  in Section
				  15084(d) to
				  prepare an initial study. The initial study sent out for public review must
				  reflect the independent judgment of the Lead Agency.
California Code of Regulations › Title 14 - Natural Resources › Division 6 - Resources Agency › Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act › Article 5 - Preliminary Review of Projects and Conduct of Initial Study › Section 15064 - Determining the Significance of the Environmental Effects Caused by a Project

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Determining
				  whether a project may have a significant effect plays a critical role in the
				  CEQA process.
(1) If there is substantial
				  evidence, in light of the whole record before a lead agency, that a project may
				  have a significant effect on the environment, the agency shall prepare a draft
				  EIR.
(2) When a final EIR
				  identifies one or more significant effects, the lead agency and each
				  responsible agency shall make a finding under Section
				  15091 for each significant effect
				  and may need to make a statement of overriding considerations under Section
				  15093 for the
				  project.
California Code of Regulations › Title 14 - Natural Resources › Division 6 - Resources Agency › Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act › Article 5 - Preliminary Review of Projects and Conduct of Initial Study › Section 15064.4 - Determining the Significance of Impacts from Greenhouse Gas Emissions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  determination of the significance of greenhouse gas emissions calls for a
				  careful judgment by the lead agency consistent with the provisions in section
				  15064. A lead agency shall make a
				  good-faith effort, based to the extent possible on scientific and factual data,
				  to describe, calculate or estimate the amount of greenhouse gas emissions
				  resulting from a project. A lead agency shall have discretion to determine, in
				  the context of a particular project, whether to:
(1) Quantify greenhouse gas emissions
				  resulting from a project; and/or
(2) Rely on a qualitative analysis or
				  performance based standards.
California Code of Regulations › Title 14 - Natural Resources › Division 6 - Resources Agency › Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act › Article 5 - Preliminary Review of Projects and Conduct of Initial Study › Section 15064.7 - Thresholds of Significance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A threshold of significance is an
				  identifiable quantitative, qualitative or performance level of a particular
				  environmental effect, noncompliance with which means the effect will normally
				  be determined to be significant by the agency and compliance with which means
				  the effect normally will be determined to be less than significant.
(b) Each public agency is encouraged to
				  develop and publish thresholds of significance that the agency uses in the
				  determination of the significance of environmental effects. Thresholds of
				  significance to be adopted for general use as part of the lead agency's
				  environmental review process must be adopted by ordinance, resolution, rule, or
				  regulation, and developed through a public review process and be supported by
				  substantial evidence. Lead agencies may also use thresholds on a case-by-case
				  basis as provided in Section
				  15064(b)(2).
(c) When adopting or using thresholds of
				  significance, a lead agency may consider thresholds of significance previously
				  adopted or recommended by other public agencies or recommended by experts,
				  provided the decision of the lead agency to adopt such thresholds is supported
				  by substantial evidence.
(d) Using
				  environmental standards as thresholds of significance promotes consistency in
				  significance determinations and integrates environmental review with other
				  environmental program planning and regulation. Any public agency may adopt or
				  use an environmental standard as a threshold of significance. In adopting or
				  using an environmental standard as a threshold of significance, a public agency
				  shall explain how the particular requirements of that environmental standard
				  reduce project impacts, including cumulative impacts, to a level that is less
				  than significant, and why the environmental standard is relevant to the
				  analysis of the project under consideration. For the purposes of this
				  subdivision, an "environmental standard" is a rule of general application that
				  is adopted by a public agency through a public review process and that is all
				  of the following:
(1) a quantitative,
				  qualitative or performance requirement found in an ordinance, resolution, rule,
				  regulation, order, plan or other environmental requirement;
(2) adopted for the purpose of environmental
				  protection;
(3) addresses the
				  environmental effect caused by the project; and,
(4) applies to the project under
				  review.
California Code of Regulations › Title 14 - Natural Resources › Division 6 - Resources Agency › Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act › Article 5 - Preliminary Review of Projects and Conduct of Initial Study › Section 15065 - Mandatory Findings of Significance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A lead agency shall find that a project
				  may have a significant effect on the environment and thereby require an EIR to
				  be prepared for the project where there is substantial evidence, in light of
				  the whole record, that any of the following conditions may occur:
(1) The project has the potential to
				  substantially degrade the quality of the environment; substantially reduce the
				  habitat of a fish or wildlife species; cause a fish or wildlife population to
				  drop below self-sustaining levels; threaten to eliminate a plant or animal
				  community; substantially reduce the number or restrict the range of an
				  endangered, rare or threatened species; or eliminate important examples of the
				  major periods of California history or prehistory.
(2) The project has the potential to achieve
				  short-term environmental goals to the disadvantage of long-term environmental
				  goals.
(3) The project has possible
				  environmental effects that are individually limited but cumulatively
				  considerable. "Cumulatively considerable" means that the incremental effects of
				  an individual project are significant when viewed in connection with the
				  effects of past projects, the effects of other current projects, and the
				  effects of probable future projects.
(4) The environmental effects of a project
				  will cause substantial adverse effects on human beings, either directly or
				  indirectly.
California Code of Regulations › Title 14 - Natural Resources › Division 6 - Resources Agency › Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act › Article 6 - Negative Declaration Process › Section 15070 - Decision to Prepare a Negative or Mitigated Negative Declaration

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A public agency shall prepare or have prepared a proposed
					 negative declaration or mitigated negative declaration for a project subject to
					 CEQA when:
(a) The initial study shows
				  that there is no substantial evidence, in light of the whole record before the
				  agency, that the project may have a significant effect on the environment,
				  or
(b) The initial study identifies
				  potentially significant effects, but:
(1)
				  Revisions in the project plans or proposals made by or agreed to by the
				  applicant before a proposed mitigated negative declaration and initial study
				  are released for public review would avoid the effects or mitigate the effects
				  to a point where clearly no significant effects would occur, and
(2) There is no substantial evidence, in
				  light of the whole record before the agency, that the project as revised may
				  have a significant effect 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 6 - Negative Declaration Process › Section 15071 - Contents

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A negative declaration circulated for public review shall
					 include:
(a) A brief description of
				  the project, including a commonly used name for the project, if any;
(b) The location of the project, preferably
				  shown on a map, and the name of the project proponent;
(c) A proposed finding that the project will
				  not have a significant effect on the environment;
(d) An attached copy of the initial study
				  documenting reasons to support the finding; and
(e) Mitigation measures, if any, included in
				  the project to avoid potentially significant effects.
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: Section
						21080(c),
						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 6 - Negative Declaration Process › Section 15072 - Notice of Intent to Adopt a Negative Declaration or Mitigated Negative Declaration

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A lead agency shall provide a notice of
				  intent to adopt a negative declaration or mitigated negative declaration to the
				  public, responsible agencies, trustee agencies, and the county clerk of each
				  county within which the proposed project is located, sufficiently prior to
				  adoption by the lead agency of the negative declaration or mitigated negative
				  declaration to allow the public and agencies the review period provided under
				  Section 15105.
(b) The lead agency shall mail a notice of
				  intent to adopt a negative declaration or mitigated negative declaration to the
				  last known name and address of all organizations and individuals who have
				  previously requested such notice in writing and shall also give notice of
				  intent to adopt a negative declaration or mitigated negative declaration by at
				  least one of the following procedures to allow the public the review period
				  provided under Section
				  15105:
(1) Publication at least one time by the lead
				  agency in a newspaper of general circulation in the area affected by the
				  proposed project. If more than one area is affected, the notice shall be
				  published in the newspaper of largest circulation from among the newspapers of
				  general circulation in those areas.
(2) Posting of notice by the lead agency on
				  and off site in the area where the project is to be located.
(3) Direct mailing to the owners and
				  occupants of property contiguous to the project. Owners of such property shall
				  be identified as shown on the latest equalized assessment
				  roll.
California Code of Regulations › Title 14 - Natural Resources › Division 6 - Resources Agency › Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act › Article 6 - Negative Declaration Process › Section 15073.5 - Recirculation of a Negative Declaration Prior to Adoption

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A lead agency is required to recirculate
				  a negative declaration when the document must be substantially revised after
				  public notice of its availability has previously been given pursuant to Section
				  15072, but prior to its adoption.
				  Notice of recirculation shall comply with Sections
				  15072 and
				  15073.
(b) A "substantial revision" of the negative
				  declaration shall mean:
(1) A new, avoidable
				  significant effect is identified and mitigation measures or project revisions
				  must be added in order to reduce the effect to insignificance, or
(2) The lead agency determines that the
				  proposed mitigation measures or project revisions will not reduce potential
				  effects to less than significance and new measures or revisions must be
				  required.
California Code of Regulations › Title 14 - Natural Resources › Division 6 - Resources Agency › Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act › Article 6 - Negative Declaration Process › Section 15074.1 - Substitution of Mitigation Measures in a Proposed Mitigated Negative Declaration

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) As a result of the public review process
				  for a proposed mitigated negative declaration, including any administrative
				  decisions or public hearings conducted on the project prior to its approval,
				  the lead agency may conclude that certain mitigation measures identified in the
				  mitigated negative declaration are infeasible or otherwise undesirable. Prior
				  to approving the project, the lead agency may, in accordance with this section,
				  delete those mitigation measures and substitute for them other measures which
				  the lead agency determines are equivalent or more effective.
(b) Prior to deleting and substituting for a
				  mitigation measure, the lead agency shall do both of the following:
(1) Hold a public hearing on the matter.
				  Where a public hearing is to be held in order to consider the project, the
				  public hearing required by this section may be combined with that hearing.
				  Where no public hearing would otherwise be held to consider the project, then a
				  public hearing shall be required before a mitigation measure may be deleted and
				  a new measure adopted in its place.
(2) Adopt a written finding that the new
				  measure is equivalent or more effective in mitigating or avoiding potential
				  significant effects and that it in itself will not cause any potentially
				  significant effect 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 6 - Negative Declaration Process › Section 15075 - Notice of Determination on a Project for Which a Proposed Negative or Mitigated Negative Declaration Has Been Approved

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The lead agency shall file a notice of
				  determination within five working days after deciding to carry out or approve
				  the project. For projects with more than one phase, the lead agency shall file
				  a notice of determination for each phase requiring a discretionary
				  approval.
(b) The notice of
				  determination shall include:
(1) An
				  identification of the project including the project title as identified on the
				  proposed negative declaration, its location, and the State Clearinghouse
				  identification number for the proposed negative declaration if the notice of
				  determination is filed with the State Clearinghouse.
(2) A brief description of the
				  project.
(3) The agency's name, the
				  applicant's name, if any, and the date on which the agency approved the
				  project.
(4) The determination of
				  the agency that the project will not have a significant effect on the
				  environment.
(5) A statement that a
				  negative declaration or a mitigated negative declaration was adopted pursuant
				  to the provisions of CEQA.
(6) A
				  statement indicating whether mitigation measures were made a condition of the
				  approval of the project, and whether a mitigation monitoring plan/program was
				  adopted.
(7) The address where a
				  copy of the negative declaration or mitigated negative declaration may be
				  examined.
(8) The identity of the
				  person undertaking a project which is supported, in whole or in part, through
				  contracts, grants, subsidies, loans, or other forms of assistance from one or
				  more public agencies or the identity of the person receiving a lease, permit,
				  license, certificate, or other entitlement for use from one or more public
				  agencies.
California Code of Regulations › Title 14 - Natural Resources › Division 6 - Resources Agency › Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act › Article 6.5 - STATUTORY EXEMPTIONS [REPEALED]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer of
				  Article 6.5 (Sections
				  15070-15079.7) filed 7-13-83;
				  effective thirtieth day thereafter (Register 83, No. 29). For prior history,
				  see Register 78, No. 5.
2. Editorial correction of 7-13-83 order
				  redesignating effective date to 8-1-83 filed 7-14-83 (Register 83, No.
				  29).
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 15080 - General

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
To the extent possible, the EIR process should be combined
					 with the existing planning, review, and project approval process used by each
					 public agency.
1. Repealer
					 of Article 7 (Sections
					 15080-15089) and new Article 7
					 (Sections 15080-15096) 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; 77, No. 1; 76, No. 41; 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
						21003,
						21061,
						21100
						and
						21151,
						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 7 - EIR Process › Section 15081 - Decision to Prepare an EIR

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The EIR process starts with the decision to prepare an EIR.
					 This decision will be made either during preliminary review under Section
					 15060 or at the conclusion of an
					 initial study after applying the standards described in Section
					 15064.
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: Section
						21100,
						Public Resources Code; No Oil, Inc. v. City of Los Angeles (1974) 13 Cal. 3d
						68; Friends of B Street v. City of Hayward (1980) 106 Cal. App. 3d
						988.
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 15081.5 - EIRs Required by Statute

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A lead agency shall prepare or have
				  prepared an EIR for the following types of projects. An initial study may be
				  prepared to help identify the significant effects of the project.
(1) The burning of municipal wastes,
				  hazardous wastes, or refuse-derived fuel, including but not limited to tires,
				  if the project is either:
(A) The
				  construction of a new facility; or
(B) The expansion of an existing facility
				  that burns hazardous waste that would increase its permitted capacity by more
				  than 10 percent. This does not apply to any project exclusively burning
				  hazardous waste for which a determination to prepare a negative declaration, or
				  mitigated negative declaration or environmental impact report was made prior to
				  July 14, 1989. The amount of expansion of an existing facility is calculated
				  pursuant to subdivision (b) of Section
				  21151.1
				  of the Public Resources Code.
(C)
				  Subdivision (1) of the subdivision does not apply to:
1. Projects for which the State Energy
				  Resources Conservation and Development Commission has assumed jurisdiction
				  pursuant to Chapter 6 (commencing with Section
				  25500) of Division 15 of the
				  Public Resources Code.
2. Any of
				  the types of burn or thermal processing projects listed in subdivision (d) of
				  Section
				  21151.1
				  of the 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 7 - EIR Process › Section 15082 - Notice of Preparation and Determination of Scope of EIR

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Notice of Preparation. Immediately after
				  deciding that an environmental impact report is required for a project, the
				  lead agency shall send a notice of preparation stating that an environmental
				  impact report will be prepared to the Office of Planning and Research and each
				  responsible and trustee agency and file with the county clerk of each county in
				  which the project will be located. This notice shall also be sent to every
				  federal agency involved in approving or funding the project. If the United
				  States Department of Defense or any branch of the United States Armed Forces
				  has given the lead agency written notification of the specific boundaries of a
				  low-level flight path, military impact zone, or special use airspace and
				  provided the lead agency with written notification of the military contact
				  office and address for the military service pursuant to subdivision (b) of
				  Section 15190.5, then the lead agency
				  shall include the specified military contact office in the list of
				  organizations and individuals receiving a notice of preparation of an EIR
				  pursuant to this section for projects that meet the criteria set forth in
				  subdivision (c) of Section
				  15190.5.
(1) The notice of preparation shall provide
				  the responsible and trustee agencies, the Office of Planning and Research and
				  county clerk with sufficient information describing the project and the
				  potential environmental effects to enable the responsible agencies to make a
				  meaningful response. At a minimum, the information shall include:
(A) Description of the project,
(B) Location of the project (either by street
				  address and cross street, for a project in an urbanized area, or by attaching a
				  specific map, preferably a copy of a U.S.G.S. 15' or 7 1/2' topographical map
				  identified by quadrangle name), and
(C) Probable environmental effects of the
				  project.
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 15083 - Early Public Consultation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Prior to completing the draft EIR, the lead agency may also
					 consult directly with any person or organization it believes will be concerned
					 with the environmental effects of the project. Many public agencies have found
					 that early consultation solves many potential problems that would arise in more
					 serious forms later in the review process. This early consultation may be
					 called scoping. Scoping will be necessary when preparing an EIR/EIS jointly
					 with a federal agency.
(a) Scoping has
				  been helpful to agencies in identifying the range of actions, alternatives,
				  mitigation measures, and significant effects to be analyzed in depth in an EIR
				  and in eliminating from detailed study issues found not to be
				  important.
(b) Scoping has been
				  found to be an effective way to bring together and resolve the concerns of
				  affected federal, state, and local agencies, the proponent of the action, and
				  other interested persons including those who might not be in accord with the
				  action on environmental grounds.
(c) Where scoping is used, it should be
				  combined to the extent possible with consultation under Section
				  15082.
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: Section
						21082.1,
						Public Resources Code; Section
						4, Chapter 480 of the Statutes of
						1981; 40 Code of Federal Regulations, Part
						1501.7.
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 15083.5 - City or County Consultation with Water Agencies. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 5-27-97; operative 5-27-97 pursuant to Government Code section
					 11343.4(d)
					 (Register 97, No. 22).
2. Change without regulatory effect amending
					 subsection (a)(2)(B) and amending NOTE filed 10-6-2005 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2005, No. 40).
3. Repealer filed 7-27-2007;
					 operative 7-27-2007 pursuant to Public Resources Code section
					 21083(f)
					 (Register 2007, No. 30).
Note: Authority cited: Section
						21083,
						Public Resources Code. Reference: Section
						21151.9,
						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 7 - EIR Process › Section 15084 - Preparing the Draft EIR

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The draft EIR shall be prepared directly
				  by or under contract to the lead agency. The required contents of a draft EIR
				  are discussed in Article 9 beginning with Section
				  15120.
(b) The lead agency may require the project
				  applicant to supply data and information both to determine whether the project
				  may have a significant effect on the environment and to assist the lead agency
				  in preparing the draft EIR. The requested information should include an
				  identification of other public agencies which will have jurisdiction by law
				  over the project.
(c) Any person,
				  including the applicant, may submit information or comments to the lead agency
				  to assist in the preparation of the draft EIR. The submittal may be presented
				  in any format, including the form of a draft EIR. The lead agency must consider
				  all information and comments received. The information or comments may be
				  included in the draft EIR in whole or in part.
(d) The lead agency may choose one of the
				  following arrangements or a combination of them for preparing a draft EIR.
(1) Preparing the draft EIR directly with its
				  own staff.
(2) Contracting with
				  another entity, public or private, to prepare the draft EIR.
(3) Accepting a draft prepared by the
				  applicant, a consultant retained by the applicant, or any other
				  person.
(4) Executing a third party
				  contract or memorandum of understanding with the applicant to govern the
				  preparation of a draft EIR by an independent contractor.
(5) Using a previously prepared
				  EIR.
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 15085 - Notice of Completion

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) As soon as the draft EIR is completed, a
				  notice of completion must be filed with the Office of Planning and Research in
				  a printed hard copy or in electronic form on a diskette or by electronic mail
				  transmission.
(b) The notice of
				  completion shall include:
(1) A brief
				  description of the project,
(2) The
				  proposed location of the project (either by street address and cross street,
				  for a project in an urbanized area, or by attaching a specific map, preferably
				  a copy of a U.S.G.S. 15' or 7-1/2' topographical map identified by quadrangle
				  name).
(3) An address where copies
				  of the draft EIR are available, and
(4) The review period during which comments
				  will be received on the draft EIR.
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 15086 - Consultation Concerning Draft EIR

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The lead agency shall consult with and
				  request comments on the draft EIR from:
(1)
				  Responsible agencies,
(2) Trustee
				  agencies with resources affected by the project, and
(3) Any other state, federal, and local
				  agencies which have jurisdiction by law with respect to the project or which
				  exercise authority over resources which may be affected by the project,
				  including water agencies consulted pursuant to section
				  15083.5.
(4) Any city or county which borders on a
				  city or county within which the project is located.
(5) For a project of statewide, regional, or
				  areawide significance, the transportation planning agencies and public agencies
				  which have transportation facilities within their jurisdictions which could be
				  affected by the project. "Transportation facilities" includes: major local
				  arterials and public transit within five miles of the project site, and
				  freeways, highways and rail transit service within 10 miles of the project
				  site. The lead agency should also consult with public transit agencies with
				  facilities within one-half mile of the proposed project.
(6) For a state lead agency when the EIR is
				  being prepared for a highway or freeway project, the California Air Resources
				  Board as to the air pollution impact of the potential vehicular use of the
				  highway or freeway and if a non-attainment area, the local air quality
				  management district for a determination of conformity with the air quality
				  management plan.
(7) For a
				  subdivision project located within one mile of a facility of the State Water
				  Resources Development System, the California Department of Water
				  Resources.
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 15087 - Public Review of Draft EIR

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The lead agency shall provide public
				  notice of the availability of a draft EIR at the same time as it sends a notice
				  of completion to the Office of Planning and Research. If the United States
				  Department of Defense or any branch of the United States Armed Forces has given
				  the lead agency written notification of the specific boundaries of a low-level
				  flight path, military impact zone, or special use airspace and provided the
				  lead agency with written notification of the contact office and address for the
				  military service pursuant to subdivision (b) of Section
				  15190.5, then the lead agency
				  shall include the specified military contact office in the list of
				  organizations and individuals receiving a notice of availability of a draft EIR
				  pursuant to this section for projects that meet the criteria set forth in
				  subdivision (c) of Section
				  15190.5. The public notice shall
				  be given as provided under Section
				  15105 (a sample form is provided
				  in Appendix L). Notice shall be mailed to the last known name and address of
				  all organizations and individuals who have previously requested such notice in
				  writing, and shall also be given by at least one of the following procedures:
(1) Publication at least one time by the
				  public agency in a newspaper of general circulation in the area affected by the
				  proposed project. If more than one area is affected, the notice shall be
				  published in the newspaper of largest circulation from among the newspapers of
				  general circulation in those areas.
(2) Posting of notice by the public agency on
				  and off the site in the area where the project is to be located.
(3) Direct mailing to the owners and
				  occupants of property contiguous to the parcel or parcels on which the project
				  is located. Owners of such property shall be identified as shown on the latest
				  equalized assessment roll.
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 15088 - Evaluation of and Response to Comments

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The lead agency shall evaluate comments
				  on environmental issues received from persons who reviewed the draft EIR and
				  shall prepare a written response. The lead agency shall respond to comments
				  raising significant environmental issues received during the noticed comment
				  period and any extensions and may respond to late comments.
(b) The lead agency shall provide a written
				  proposed response, either in a printed copy or in an electronic format, to a
				  public agency on comments made by that public agency at least 10 days prior to
				  certifying an environmental impact report.
(c) The written response shall describe the
				  disposition of significant environmental issues raised (e.g., revisions to the
				  proposed project to mitigate anticipated impacts or objections). In particular,
				  the major environmental issues raised when the lead agency's position is at
				  variance with recommendations and objections raised in the comments must be
				  addressed in detail giving reasons why specific comments and suggestions were
				  not accepted. There must be good faith, reasoned analysis in response.
				  Conclusory statements unsupported by factual information will not suffice. The
				  level of detail contained in the response, however, may correspond to the level
				  of detail provided in the comment (i.e., responses to general comments may be
				  general). A general response may be appropriate when a comment does not contain
				  or specifically refer to readily available information, or does not explain the
				  relevance of evidence submitted with the comment.
(d) The response to comments may take the
				  form of a revision to the draft EIR or may be a separate section in the final
				  EIR. Where the response to comments makes important changes in the information
				  contained in the text of the draft EIR, the lead agency should either:
(1) Revise the text in the body of the EIR,
				  or
(2) Include marginal notes
				  showing that the information is revised in the response to
				  comments.