In California Building Industry Association v. Bay Area Air Quality Management District (2016) 2 Cal.App.5th 1067, on remand from the California Supreme Court (California Building Industry Association v. Bay Area Quality Management District (2015) 62 Cal.4th 369), the First District found BAAQMD’s CEQA thresholds of significance for “new receptors” valid for specific purposes.
The First District was directed to re-analyze BAAQMD’s thresholds of significance for “new receptors” consisting of residents and workers who will be brought to an area of existing emissions as a result of a proposed project, in light of the Supreme Court’s decision. The Supreme Court held that CEQA generally does not require an analysis of how existing environmental conditions will impact future residents or users of a proposed project. In applying this principle, the Court of Appeal held that the receptor thresholds may be valid in the following instances—when voluntarily used on BAAQMD’s own projects; in analyzing whether a project exacerbates an existing environmental conditions; during CEQA review of school projects; and when analyzing housing development projects under CEQA exemption statutes. The court did not rule specifically on the propriety of the receptor thresholds with respect to determining a project’s consistency with general plans because it was not presented with a concrete example of their use in this context—but ruled that the receptor thresholds were not invalid on their face. While not facially invalid, the court held—consistent with the Supreme Court’s ruling—that the receptor thresholds could not be used for their primary purpose, which was to assess the effect of existing environmental conditions to future users of a project.