Section 1882 - Post Certification Project Changes(a) Upon project certification, any change to the design, operation, or performance requirements of the project shall be approved by staff if staff finds the proposed project change does not require the preparation of a subsequent or supplemental environmental impact report as set forth in Title 14, California Code of Regulations, sections 15162 and 15163. In the alternative, staff may submit a proposed change that would otherwise qualify for staff approval to the commission for consideration at a public meeting held under section of title 201101 of title 20.(b) A project owner seeking a change to the design, operation, or performance shall file a petition containing the payment required under Public Resources Code section 25806(e) and a complete description of the proposed change and whether any of the conditions requiring a subsequent or supplemental environmental impact report set forth in Title 14, California Code of Regulations sections 15162 and 15163 are met. The petition shall also include a discussion of how the project as changed would continue to comply with the requirements of Public Resources Code sections 25545.3.3, 25545.3.5, 25545.9, and 25545.10, and a list of current assessor's parcel numbers and owners' names and addresses for all parcels within 500 feet of any affected project linears and 1000 feet of the project site.(c) Within 30 days of receiving a completed petition and the applicable fee, staff shall file a summary describing the content of the petition and shall include a description of the commission's procedures concerning review and consideration of the petition. As soon as practicable after filing the summary, staff shall provide a copy to each property owner described in subdivision (b) with instructions on how to receive future filings.(d) If staff finds a subsequent or supplemental environmental impact report is not required, staff shall file a statement to that effect and approve the project change. Any person may file an objection to a staff's approval of the project change within 14 days of the filing of staff's statement. Any such objection must make a showing supported by facts that the change requires the preparation of a subsequent or supplemental environmental impact report as set forth in Title 14, California Code of Regulations, sections 15162 and 15163. Speculation, argument, conjecture, and unsupported conclusions or opinions are not sufficient to support an objection to staff approval.(e) If staff finds a subsequent or supplemental environmental impact report is required, or if a person files an objection that complies with subdivision (d), the subsequent or supplemental environmental impact report and the petition shall be submitted to the commission for consideration at a public meeting held under section 1101. The commission shall issue an order approving, rejecting, or modifying the petition.Cal. Code Regs. Tit. 20, § 1882
1. New section filed 10-24-2022 as an emergency; operative 10-24-2022 (Register 2022, No. 43). This action is a deemed emergency and shall remain in effect until amended by the Commission pursuant to Public Resources Code section 25545.12. Note: Authority cited: Sections 25213, 25218 and 25545.12, Public Resources Code. Reference: Sections 25545, 25545.3.3, 25545.3.5, 25545.9, 25545.10, 25545.11 and 25806 Public Resources Code.
1. New section filed 10-24-2022 as an emergency; operative 10/24/2022 (Register 2022, No. 43). This action is a deemed emergency and shall remain in effect until amended by the Commission pursuant to Public Resources Code section 25545.12.