Pub. Resources Code § 21094

Pub. Resources Code § 21094

Tiering from prior EIRsDIVISION 13. ENVIRONMENTAL QUALITY › CHAPTER 2.6. General

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The section governs when a later project’s EIR may be tiered from a prior program-level EIR.

  • Tiered EIR required. For a qualifying later project, the lead agency must use a tiered EIR based on the prior certified EIR for the program, plan, policy, or ordinance. (a)
  • Effects not re-examined. The later EIR need not examine effects that were mitigated or avoided under § 21081(a)(1) or examined in the prior EIR in sufficient detail to be mitigated or avoided through site-specific revisions or conditions. (a)(1)–(2)
  • Consistency with prior EIR. The later project must be consistent with the program, plan, policy, or ordinance covered by the prior EIR. (b)(1)
  • Consistency with local plans. The later project must be consistent with applicable local land use plans and zoning. (b)(2)
  • Not subject to § 21166. The later project must not be subject to § 21166. (b)(3)
  • Initial study. An initial study must be prepared to analyze whether the later project may cause significant effects not examined in the prior EIR. (c)
  • Reference prior EIR. A tiered EIR must refer to the prior EIR and state where a copy may be examined. (e)
  • Operative date. The section became operative on January 1, 2016. (f)

Paraphrased from the statute text; each point cites its subdivision. Check the text before relying on it.

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§ 210946 subdivisions

Source. California Code text from the Legislature's bulk download (the same data as leginfo), reproduced character for character (spacing normalized). Current page on leginfo ↗

History. (Repealed (in Sec. 3.5) and added by Stats. 2010, Ch. 496, Sec. 4. (SB 1456) Effective September 29, 2010. Section operative January 1, 2016, by its own provisions.)

Cites, in this navigator. Pub. Resources Code § 21081

Cited by, in this navigator. Gov. Code § 65912.158

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