California Department of Resources Recycling and Recovery (CalRecycle) 

LEA Advisory #22—Attachment

Title 14, California Code of Regulations Sections 15162 and 15164

CCR 15162 - Subsequent EIR and Negative Declaration

(a)  When an EIR has been certified or a Negative Declaration adopted, no subsequent EIR shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in light of the whole record, one or more of the following:

(1)  Substantial changes are proposed in the project which will require major revisions of the EIR or Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in severity of previously identified significant effects;

(2)  Substantial changes occur with respect to the circumstances under which the project is being undertaken which will require major revisions of the EIR or Negative Declaration due to involvement of new significant environmental effects or a substantial increase in severity of previously identified significant effects; or

(3)  New information of substantial importance which was not known could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified or the Negative Declaration was adopted, shows the following:

(A)  The project will have one or more significant effects not discussed in the previous EIR or Negative Declaration.

(B)  Significant effects previously examined will be substantially more severe than previously shown in the previous EIR.

(C)  Mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or

(D)  Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponent decline to adopt the mitigation measure or alternative.

(b)  If changes to a project or its circumstances occur or new information becomes available after adoption of a negative declaration, the lead agency shall prepare a subsequent EIR if required under subsection (a). Otherwise the lead agency shall determine whether to prepare a subsequent negative declaration, an addendum, or no further documentation.

(c)  If a project was approved prior to the occurrence of the conditions described in the subsection (a), the subsequent EIR or Negative Declaration shall be prepared by the Public Agency which grants the next discretionary approval for the project. In this situation no other Responsible Agency shall grant an approval for the project until the subsequent EIR has been certified or subsequent Negative Declaration adopted.

(d)  A subsequent EIR or subsequent Negative Declaration shall be given the same notice and public review as required under Section 15087 or Section 15072. A subsequent EIR or Negative Declaration shall state where the previous document is available and can be reviewed.

CCR 15164 - Addendum to an EIR or Negative Declaration

(a)  The lead agency or responsible agency shall prepare an addendum to a previously certified EIR if some changes or additions are necessary but none of the conditions described in Section 15162 calling for preparation of a subsequent EIR have occurred.

(b)  An addendum to an adopted negative declaration may be prepared if only minor technical changes or additions are necessary.

(c)  An addendum need not be circulated for public review but can be included in or attached to the final EIR or adopted negative declaration.

(d)  The decision-making body shall consider the addendum with the final EIR or adopted negative declaration prior to making a decision on the project.

(e)  A brief explanation of the decision not to prepare a subsequent EIR pursuant to Section 15162 should be included in an addendum to an EIR, the lead agency's required findings on the project, or elsewhere in the record. The explanation must be supported by substantial evidence.

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Martin Perez: Martin Perez (916) 323-0834