STATE OF CALIFORNIA
Pete Wilson, Governor
GOVERNOR'S OFFICE OF PLANNING AND RESEARCH
1400 Tenth Street
Sacramento, CA 95814
(916) 445-0613
Lee Grissom, Director, Office of Planning and Research
Robert Cervantes, Chief, Planning Unit
Antero Rivasplata, Chief, State Clearinghouse
Third Edition, March 1996
Acknowledgements
This edition of Tracking CEQA Mitigation Measures would not be
possible without the contributions of the following individuals. I'd like
to thank them for taking the time from their own busy schedules to review
the draft of this document and to offer their constructive suggestions.
I greatly appreciate their generosity in sharing their expertise.
Ron Bass, Jones and Stokes Associates
Dr. Al Beck, Eco/Plan International
Terry Farris, Planner
Al Herson, Jones and Stokes Associates
Barbara Sahm, San Francisco Department of City Planning
Christine Sproul, Office of the California Attorney General, Land Law Section
Contents
A Brief History of AB 3180
Programs Required by Section 21081.6
Mitigation Monitoring or Reporting Programs
Common Questions Regarding Section 21081.6
Examples of AB 3180 Comprehensive Programs
Bibliography
Introduction
Newton's Law provides that for every action there is an equal and opposite
reaction. CEQA on the other hand provides that whenever a proposed project
will result in potential significant adverse environmental impacts, measures
must be taken which will limit or avoid that impact. These may include conditions
of approval, revisions to the project, and, less frequently, approving an
alternative project with fewer impacts. Where such measures are imposed,
there must be a program for monitoring or reporting on the project's compliance
with those measures.
Section 21081.6 of the Public Resources Code requires all state and local
agencies to establish monitoring or reporting programs whenever approval
of a project relies upon a mitigated negative declaration or an environmental
impact report (EIR). The monitoring or reporting program must ensure implementation
of the measures being imposed to mitigate or avoid the significant adverse
environmental impacts identified in the mitigated negative declaration or
EIR.
The Office of Planning and Research (OPR) has written this advisory publication
to offer local governments basic information and practical advice about
how they may comply with the mitigation monitoring and reporting program
requirements. It is supplementary to, and not an amendment or revision of,
the California Environmental Quality Act Guidelines. Accordingly,
this publication represents the informal guidance of OPR regarding compliance
with Section 21081.6, but is not a regulation. This is part of OPR's public
education and training program for planners, developers, and others.
The following suggestions are not the only methods of implementing Section
21081.6. The examples that follow are illustrative and not limiting. Agencies
can develop their own programs to the meet the variety of projects and unique
circumstances which they encounter.
The third edition of Tracking CEQA Mitigation Measures Under AB 3180
is based upon the law as it existed on January 1, 1996. Readers should
refer to the most recent CEQA statute to ensure that they are meeting all
current requirements. Code citations in this document are to the Public
Resources Code, unless otherwise noted.
A Brief History of AB 3180
Despite CEQA's emphasis on mitigation, until 1988 the Act did not require
that agencies take actions to ensure that required mitigation measures and
project revisions were indeed being implemented. When reports of gross disregard
for mitigation requirements reached the State Legislature in that year,
it responded by enacting AB 3180 (Cortese). Section 21081.6 of the Public
Resources Code, added by this bill, provides that whenever a mitigated negative
declaration is adopted or a public agency is responsible for mitigation
pursuant to an EIR, the agency must adopt a program for monitoring or reporting
on project compliance with the adopted mitigation. The legislation was signed
into law by Governor Deukmejian in September of 1988 (Chapter 1232, Statutes
1988) and took effect on January 1, 1989.
OPR published the first edition of Tracking Mitigation Measures in early
1989 to provide guidance to local agencies in complying with the requirements
of Section 21081.6. Expert publications and the efforts of U.C. Extension
instructors have continued this education. As a result, by 1993, approximately
75% of cities and counties had enacted measures to comply with AB 3180.
This edition of Tracking Mitigation Measures updates the advice offered
by its predecessor.
Return to Contents
Next: Programs Required by Section 21081.6
Bibliography
Bass, Ronald and Albert Herson, Successful CEQA Compliance: A Step-by-Step
Approach, 1993 edition, Solano Press, Point Arena, California, 1993
Farris, Terry, "The Story of Assembly Bill 3180: Mitigation Monitoring
in California," Masters thesis, California State Polytechnic University,
Pomona, 1989
Farris, Terry, unpublished mitigation monitoring survey, 1993
"Mitigation Monitoring Programs," Dominic Roques, Environmental
Monitor, Fall 1993
Remy, Michael H., Tina A. Thomas, et al., Guide to the Environmental
Quality Act, 1993 edition, Solano Press, Point Arena, California,
1993