LAFCO AND CEQA LAFCO Role as A Responsible Agency LAFCo must rely upon the environmental document prepared by the lead agency unless: Grounds exist to require supplementation of the environmental document pursuant to Section 15162 The lead agency failed to allow LAFCo the opportunity to participate in the environmental review before the lead agency and LAFCo believes that the environmental document is inadequate for their purposes. (Section 15052) LAFCo must rely on the lead agency environmental document even where the environmental document has been challenged and litigation is pending (PRC § 21167.3)

LAFCo’s Role in Reviewing Lead Agency Environmental Document LAFCo must “review and consider” the environmental document prepared by the Lead Agency (15052) LAFCo is required to adopt feasible mitigation measures within the agency’s jurisdiction (15041(b), 15096(g)) May deny approval in order to avoid significant adverse environmental impacts (15042)

LAFCo’s Role in Reviewing Lead Agency Environmental Document Must still make CEQA findings: Make findings as to each significant impact under Section 15091 Adopt a statement of Overriding social or economic concerns if the EIR identifies significant, unavoidable environmental impacts as required by Section 15092. Can often use the lead agency findings but the better practice is to have staff tailor findings to fit LAFCo’s role on the project.

When Can LAFCo Require that the Environmental Document Be Supplemented? The Rule is Set forth in Section 15162 of the State CEQA Guidelines Requirements are that one of three changes set forth below has occurred with respect to the project that involve new significant environmental effects or a substantial increase in the severity of previously identified significant effects: 1. Substantial changes are proposed in the project itself Example: LAFCo has determined that additional undeveloped lands need to be added to the annexation to a city in order to avoid the creation of an island or illogical boundary that were not considered by the city in its environmental document.

When Can LAFCo Require that the Environmental Document Be Supplemented? 2. Substantial changes occur with respect to the circumstances under which the project is undertaken Example: Between the time that the EIR was prepared for a major annexation and the time it is submitted to LAFCo, the Regional Water Quality Control Board has issued a cease and desist order ordering the Special District not to issue any more sewer connections

When Can LAFCo Require that the Environmental Document Be Supplemented? 3. New information of substantial importance is presented which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified Example: It is discovered after the City approved a project and annexation that a portion of the proposed project and annexation actually lies in a different county

Authority to Request Additional Information under CKH LAFCo’s have authority to request additional information regarding a project under their authority under Cortese-Knox-Hertzberg Act. Can request information that falls within factors set forth in 56668 Example: Can require a vacant land inventory and absorption study for proposed conversion of prime agricultural land in order to comply with the requirements of Section 56377 Requests may be limited if application has been deemed complete by the Executive Officer