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Chapter 3. Guidelines for Implementation of the California Environmental Quality Act Article 7. EIR Process Evaluation of and Response to Comments.   

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(a) The lead agency shall evaluate comments on environmental issues received from persons who reviewed the draft EIR and shall prepare a written response. The lead agency shall respond to comments received during the noticed comment period and any extensions and may respond to late comments.

(b) The lead agency shall provide a written proposed response to a public agency on comments made by that public agency at least 10 days prior to certifying an environmental impact report.

(c) The written response shall describe the disposition of significant environmental issues raised (e.g., revisions to the proposed project to mitigate anticipated impacts or objections). In particular, the major environmental issues raised when the lead agency's position is at variance with recommendations and objections raised in the comments must be addressed in detail giving reasons why specific comments and suggestions were not accepted. There must be good faith, reasoned analysis in response. Conclusory statements unsupported by factual information will not suffice.

(d) The response to comments may take the form of a revision to the draft EIR or may be a separate section in the final EIR. Where the response to comments makes important changes in the information contained in the text of the draft EIR, the lead agency should either:

(1) Revise the text in the body of the EIR, or

(2) Include marginal notes showing that the information is revised in the response to comments.

Authority cited:

Public Resources Code 21083


Public Resources Code 21092.5

Public Resources Code 21104

Public Resources Code 21153

People v. County of Kern, (1974) 39 Cal. App. 3d 830

Cleary v. County of Stanislaus, (1981) 118 Cal. App. 3d 348.

(Amended by Register 2005, No. 40.)