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After a four-year long process, on November 27, 2017, the Governor's Office of Planning and Research (OPR) announced the availability of a comprehensive package of proposed amendments to the California Environmental Quality Act (CEQA) Guidelines (Title 14 of the California Code of Regulations). Some of the significant proposed changes to the CEQA Guidelines include:
This package also contains certain other measures that OPR purports will result in efficiency, substantive, and technical improvements to CEQA, much of which was proposed by OPR in a preliminary discussion draft released in August 2015 (please click here for our Legal Alert regarding the August 2015 discussion draft).
The Natural Resources Agency will soon begin the formal administrative rulemaking process under the Administrative Procedure Act to amend the CEQA Guidelines. The Resources Agency's formal rulemaking process will include additional public review, which could result in further revisions to the CEQA Guidelines. The Secretary for the Natural Resources Agency will then adopt the changes, and the Office of Administrative Law (OAL) must then review and approve of the changes. Following OAL approval, the proposed CEQA Guideline changes will go into effect.
Documentation and additional information regarding the updates to the CEQA Guidelines are available on OPR's website. The proposed CEQA Guidelines, especially the changes proposed pursuant to SB 743 and regarding the GHG impacts analysis, have the potential to cause impacts on the CEQA approval process of several land use projects. Therefore, we recommend that the development community should be actively involved in the formal rulemaking process. Interested persons can sign up for the OPR's CEQA Guidelines List Serve to receive future notifications. Updated information about the rulemaking process will be also posted on the Natural Resources Agency website.
OPR proposes several efficiency improvements including:
Some of the proposed substantive changes include:
The proposed technical improvements include: changes related to evaluation of hazards pursuant to the Supreme Court decision in Cal. Bldg. Industry Ass'n v. Bay Area Air Quality Mgmt. Dist. (2015) 62 Cal.4th 369; clarifications on when it is appropriate to use projected future conditions as the environmental baseline; when agencies may defer specific details of mitigation measures until after project approval; and a set of changes related to the duty of lead agencies to provide responses to comments on a project. Some other changes address electing the lead agency, posting notices with county clerks, clarifying the definition of "discretionary," and technical changes to Appendices D and E to reflect recent statutory requirements.
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