(a) Where a prior environmental impact report has been prepared and certified for a program, plan, policy, or ordinance, the lead agency for a later project that meets the requirements of this section shall examine significant effects of the later project upon the environment by using a tiered environmental impact report, except that the report on the later project is not required to examine those effects that the lead agency determines were either of the following:
(1) Mitigated or avoided pursuant to paragraph (1) of subdivision (a) of Section 21081 as a result of the prior environmental impact report.
(2) Examined at a sufficient level of detail in the prior environmental impact report to enable those effects to be mitigated or avoided by site-specific revisions, the imposition of conditions, or by other means in connection with the approval of the later project.
(b) This section applies only to a later project that the lead agency determines is all of the following:
(1) Consistent with the program, plan, policy, or ordinance for which an environmental impact report has been prepared and certified.
(2) Consistent with applicable local land use plans and zoning of the city, county, or city and county in which the later project would be located.
(3) Not subject to Section 21166.
(c) For purposes of compliance with this section, an initial study shall be prepared to assist the lead agency in making the determinations required by this section. The initial study shall analyze whether the later project may cause significant effects on the environment that were not examined in the prior environmental impact report.
(d) All public agencies that propose to carry out or approve the later project may utilize the prior environmental impact report and the environmental impact report on the later project to fulfill the requirements of Section 21081.
(e) When tiering is used pursuant to this section, an environmental impact report prepared for a later project shall refer to the prior environmental impact report and state where a copy of the prior environmental impact report may be examined.
(f) This section shall become operative on January 1, 2016.
(Repealed (in Sec. 3.5) and added by Stats. 2010, Ch. 496, Sec. 4.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.)
Last modified: October 25, 2018