SECTIONS 21157-21157.7 - California Statutes

PUBLIC RESOURCES CODE

SECTION 21157-21157.7

21157. (a) A master environmental impact report may be prepared for
any one of the following projects:
(1) A general plan, element, general plan amendment, or specific
plan.
(2) A project that consists of smaller individual projects that
will be carried out in phases.
(3) A rule or regulation that will be implemented by subsequent
projects.
(4) A project that will be carried out or approved pursuant to a
development agreement.
(5) A public or private project that will be carried out or
approved pursuant to, or in furtherance of, a redevelopment plan.
(6) A state highway project or mass transit project that will be
subject to multiple stages of review or approval.
(7) A regional transportation plan or congestion management plan.
(8) A plan proposed by a local agency for the reuse of a federal
military base or reservation that has been closed or that is proposed
for closure.
(9) Regulations adopted by the Fish and Game Commission for the
regulation of hunting and fishing.
(10) A plan for district projects to be undertaken by a school
district, that also complies with applicable school facilities
requirements, including, but not limited to, the requirements of
Chapter 12.5 (commencing with Section 17070.10) of Part 10 of, and
Article 1 (commencing with Section 17210) of Chapter 1 of Part 10.5
of, Division 1 of Title 1 of the Education Code.
(b) When a lead agency prepares a master environmental impact
report, the document shall include all of the following:
(1) A detailed statement as required by Section 21100.
(2) A description of anticipated subsequent projects that would be
within the scope of the master environmental impact report, that
contains sufficient information with regard to the kind, size,
intensity, and location of the subsequent projects, including, but
not limited to, all of the following:
(A) The specific type of project anticipated to be undertaken.
(B) The maximum and minimum intensity of any anticipated
subsequent project, such as the number of residences in a residential
development, and, with regard to a public works facility, its
anticipated capacity and service area.
(C) The anticipated location and alternative locations for any
development projects.
(D) A capital outlay or capital improvement program, or other
scheduling or implementing device that governs the submission and
approval of subsequent projects.
(3) A description of potential impacts of anticipated subsequent
projects for which there is not sufficient information reasonably
available to support a full assessment of potential impacts in the
master environmental impact report. This description shall not be
construed as a limitation on the impacts which may be considered in a
focused environmental impact report.
(c) Lead agencies may develop and implement a fee program in
accordance with applicable provisions of law to generate the revenue
necessary to prepare a master environmental impact report.

21157.1. The preparation and certification of a master
environmental impact report, if prepared and certified consistent
with this division, may allow for the limited review of subsequent
projects that were described in the master environmental impact
report as being within the scope of the report, in accordance with
the following requirements:
(a) The lead agency for a subsequent project shall be the lead
agency or any responsible agency identified in the master
environmental impact report.
(b) The lead agency shall prepare an initial study on any proposed
subsequent project. This initial study shall analyze whether the
subsequent project may cause any significant effect on the
environment that was not examined in the master environmental impact
report and whether the subsequent project was described in the master
environmental impact report as being within the scope of the report.
(c) If the lead agency, based on the initial study, determines
that a proposed subsequent project will have no additional
significant effect on the environment, as defined in subdivision (d)
of Section 21158, that was not identified in the master environmental
impact report and that no new or additional mitigation measures or
alternatives may be required, the lead agency shall make a written
finding based upon the information contained in the initial study
that the subsequent project is within the scope of the project
covered by the master environmental impact report. No new
environmental document nor findings pursuant to Section 21081 shall
be required by this division. Prior to approving or carrying out the
proposed subsequent project, the lead agency shall provide notice of
this fact pursuant to Section 21092 and incorporate all feasible
mitigation measures or feasible alternatives set forth in the master
environmental impact report which are appropriate to the project.
Whenever a lead agency approves or determines to carry out any
subsequent project pursuant to this section, it shall file a notice
pursuant to Section 21108 or 21152.
(d) Where a lead agency cannot make the findings required in
subdivision (c), the lead agency shall prepare, pursuant to Section
21157.7, either a mitigated negative declaration or environmental
impact report.

21157.5. (a) A proposed mitigated negative declaration shall be
prepared for any proposed subsequent project if both of the following
occur:
(1) An initial study has identified potentially new or additional
significant effects on the environment that were not analyzed in the
master environmental impact report.
(2) Feasible mitigation measures or alternatives will be
incorporated to revise the proposed subsequent project, before the
negative declaration is released for public review, in order to avoid
the effects or mitigate the effects to a point where clearly no
significant effect on the environment will occur.
(b) If there is substantial evidence in light of the whole record
before the lead agency that the proposed subsequent project may have
a significant effect on the environment and a mitigated negative
declaration is not prepared, the lead agency shall prepare an
environmental impact report or a focused environmental impact report
pursuant to Section 21158.

21157.6. (a) The master environmental impact report shall not be
used for the purposes of this chapter if either of the following has
occurred:
(1) The certification of the master environmental impact report
occurred more than five years prior to the filing of an application
for the subsequent project.
(2) The filing of an application for the subsequent project occurs
following the certification of the master environmental impact
report, and the approval of a project that was not described in the
master environmental impact report, may affect the adequacy of the
environmental review in the master environmental impact report for
any subsequent project.
(b) A master environmental impact report that was certified more
than five years prior to the filing of an application for the
subsequent project may be used for purposes of this chapter to review
a subsequent project that was described in the master environmental
impact report if the lead agency reviews the adequacy of the master
environmental impact report and does either of the following:
(1) Finds that no substantial changes have occurred with respect
to the circumstances under which the master environmental impact
report was certified or that no new information, which was not known
and could not have been known at the time that the master
environmental impact report was certified as complete, has become
available.
(2) Prepares an initial study and, pursuant to the findings of the
initial study, does either of the following:
(A) Certifies a subsequent or supplemental environmental impact
report that has been either incorporated into the previously
certified master environmental impact report or references any
deletions, additions, or any other modifications to the previously
certified master environmental impact report.
(B) Approves a mitigated negative declaration that addresses
substantial changes that have occurred with respect to the
circumstances under which the master environmental impact report was
certified or the new information that was not known and could not
have been known at the time the master environmental impact report
was certified.

21157.7. (a) For purposes of this section, a master environmental
impact report is a document prepared in accordance with subdivision
(c) for the projects described in subdivision (b) that, upon
certification, is followed by review of subsequent projects as
provided in Sections 21157.1 and 21157.5.
(b) A master environmental impact report may be prepared for a
plan adopted by the Department of Transportation for improvements to
regional segments of Highway 99 funded pursuant to subdivision (b) of
Section 8879.23 of the Government Code, to streamline, coordinate,
and improve environmental review.
(c) The report shall include all of the following:
(1) A detailed statement as required by Section 21100.
(2) A description of the anticipated highway improvements along
Highway 99 that would be within the scope of the master environmental
impact report, that contains sufficient information about all phases
of the Highway 99 construction activities, including, but not
limited to, all of the following:
(A) The specific types of improvements that will be undertaken.
(B) The anticipated location and alternative locations for any of
the Highway 99 improvements, including overpasses, bridges, railroad
crossings, and interchanges.
(C) A capital outlay or capital improvement program, or other
scheduling or implementing device that governs the construction
activities associated with the Highway 99 improvements.
(d) The Department of Transportation may communicate, coordinate,
and consult with the Resources Agency, Wildlife Conservation Board,
Department of Fish and Game, Department of Conservation, and other
appropriate federal, state, or local governments, including
interested stakeholders, to consider and implement mitigation
requirements on a regional basis for the projects described in
subdivision (b). This may include both of the following:
(1) Identification of priority areas for mitigation, using
information from these agencies and departments as well as from other
sources.
(2) Utilization of existing conservation programs of the agencies
or departments identified in this subdivision, if mitigation under
those programs for improvements under this section does not supplant
mitigation for a project.
(e) The Department of Transportation may execute an agreement,
memorandum of understanding, or other similar instrument to
memorialize its understanding of any communication, coordination, or
implementation activities with other state agencies for the purposes
of meeting mitigation requirements on a regional basis.
(f) Notwithstanding any other provision of law, nothing in this
section is intended to interfere with or prevent the existing
authority of an agency or department to carry out its programs,
projects, or responsibilities to identify, review, approve, deny, or
implement any mitigation requirements, and nothing in this section
shall be construed as a limitation on mitigation requirements for the
project, or a limitation on compliance with requirements under this
division or any other provision of law.
(g) Notwithstanding Section 21157.6, the master environmental
impact report shall not be used for the purposes of this section, if
the certification of the master environmental impact report occurred
more than seven years prior to the filing of an application for the
subsequent project.