Cal. Code Regs. Tit. 14, § 15064.4 Determining the Significance of Impacts From Greenhouse Gas Emissions

LibraryCalifornia Code of Regulations
Edition2023
CurrencyCurrent through Register 2023 Notice Reg. No. 52, December 29, 2023
CitationCal. Code Regs. Tit. 14, § 15064.4
Year2023

(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.

(b) In determining the significance of a project's greenhouse gas emissions, the lead agency should focus its analysis on the reasonably foreseeable incremental contribution of the project's emissions to the effects of climate change. A project's incremental contribution may be cumulatively considerable even if it appears relatively small compared to statewide, national or global emissions. The agency's analysis should consider a timeframe that is appropriate for the project. The agency's analysis also must reasonably reflect evolving scientific knowledge and state regulatory schemes. A lead agency should consider the following factors, among others, when determining the significance of impacts from greenhouse gas emissions on the environment:

    (1) The extent to which the project may increase or reduce greenhouse gas emissions as compared to the existing environmental setting;
    (2) Whether the project emissions exceed a threshold of significance that the lead agency determines applies to the project.
    (3) The extent to which the project complies with regulations or requirements adopted to implement a statewide, regional, or local plan for the reduction or mitigation of greenhouse gas emissions (see e.g., section 15183.5(b)). Such requirements must be adopted by the relevant public agency through a public review process and must reduce or mitigate the project's incremental contribution of greenhouse gas emissions. If there is substantial evidence that the possible effects of a particular project are still cumulatively considerable notwithstanding compliance with the adopted regulations or requirements, an EIR must be prepared for the...

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