Section 15040 - Authority Provided by CEQA(a) CEQA is intended to be used in conjunction with discretionary powers granted to public agencies by other laws.(b) CEQA does not grant an agency new powers independent of the powers granted to the agency by other laws.(c) Where another law grants an agency discretionary powers, CEQA supplements those discretionary powers by authorizing the agency to use the discretionary powers to mitigate or avoid significant effects on the environment when it is feasible to do so with respect to projects subject to the powers of the agency. Prior to January 1, 1983, CEQA provided implied authority for an agency to use its discretionary powers to mitigate or avoid significant effects on the environment. Effective January 1, 1983, CEQA provides express authority to do so.(d) The exercise of the discretionary powers may take forms that had not been expected before the enactment of CEQA, but the exercise must be within the scope of the power.(e) The exercise of discretionary powers for environmental protection shall be consistent with express or implied limitations provided by other laws.Cal. Code Regs. Tit. 14, § 15040
1. Repealer of Article 3 (Sections 15010-15016) and new Article 3 (Sections 15040-15045) filed 7-13-83; effective thirtieth day thereafter (Register 83, No. 29). For prior history, see Registers 82, No. 2; 80, No. 19; 78, No. 5; 76, No. 41; 75, Nos. 1 and 18; 74, Nos. 3 and 4; and 73, No. 50.
2. Editorial correction of 7-13-83 order redesignating effective date to 8-1-83 filed 7-14-83 (Register 83, No. 29).
3. Change without regulatory effect amending NOTE filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40). Note: Authority cited: Section 21083, Public Resources Code. Reference: Sections 21000, 21001, 21002, 21002.1 and 21004, Public Resources Code; Section 4, Chapter 1438, Statutes of 1982; Golden Gate Bridge, Etc., Dist. v. Muzzi, (1978) 83 Cal. App. 3d 707; E.D.F. v. Mathews, 410 F. Supp. 336, 339 (D.D.C., 1976); Friends of Mammoth v. Board of Supervisors, (1972) 8 Cal. 3d 247; Pinewood Investors v. City of Oxnard (1982) 133 Cal. App. 3d 1030.
1. Repealer of Article 3 (Sections 15010-15016) and new Article 3 (Sections 15040-15045) filed 7-13-83; effective thirtieth day thereafter (Register 83, No. 29). For prior history, see Registers 82, No. 2; 80, No. 19; 78, No. 5; 76, No. 41; 75, Nos. 1 and 18; 74, Nos. 3 and 4; and 73, No. 50.
2. Editorial correction of 7-13-83 order redesignating effective date to 8-1-83 filed 7-14-83 (Register 83, No. 29).
3. Change without regulatory effect amendingNote filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).