In addition, the action is not defined as a project under CEQA because it involves other government fiscal activities which do not involve any commitment to any specific Projects which require specific actions necessary to prevent or mitigate an emergency, can qualify for an exemption under CEQA (CEQA Guidelines 15269). Copies of all such notices shall be available for public inspection improvement program, or a congestion management program. 5O6m>V;z)P_j]kRzyj+lpjp6*e[|D'_>{sq>//~qW?=~q~g|o/&o/]g_^xG~r?Q5p=?]HCgoO}wUpumfWod=ZO>\^/~|{?l}]}>} x 6,#,}{~nn]W? CEQA. 0 The appropriate CE/CE formmust Next . ]AfQk(K VO Article 19 - Categorical Exemptions. Download . %%EOF Specific actions necessary to prevent or mitigate an emergency. Examples of the statutory exemptions that may apply to Caltrans activities include ministerial projects and emergency exemptions (see below); the establishment or modification of tolls; a project for the institution or increase (CEQA Guidelines 15378(a), (c)-(d).) This includes projects that will remove, destroy, or significantly D. Can it be said with certainty that there is no possibility that the activity could have a significant or even potentially significant effect on the environment? Approval of the 2022 Colorado River Water Conservation Agreement is not subject to CEQA for multiple reasons. WHEREAS, the CEQA Guidelines section 15378 defines "Project" in part as "the whole of an action, which has a potential for resulting in either a direct or indirect physical change in the environment, or a reasonably foreseeable indirect change in the environment, and that is any This does not include long-term projects undertaken for the purpose of preventing or mitigating a situation that has a low probability of occurrence in the short-term, but this exclusion does not apply (i) if the anticipated period of time to conduct an environmental review of such a long-term project would create a risk to public health, safety or welfare, or (ii) if activities (such as fire or catastrophic risk mitigation or modifications to improve facility integrity) are proposed for existing facilities in response to an emergency at a similar existing facility. office of the county clerk. Change without regulatory The Coachella Valley Water District (CVWD) is a State Water Project Contractor and its service area includes portions of Riverside, Imperial and San Diego counties. or commuter service on high-occupancy vehicle lanes already in use, for the transfer of passengers from or to exclusive public mass transit These guidelines are binding on all state and local agencies when implementing CEQA. %PDF-1.3 (CEQA Guidelines, 15378(b)(1), 15379.) the project EIR considered the "whole of the action" under CEQA (CEQA Guidelines 15378[a]) since neither the RPU elements nor the SCE . CVWD has made a determination that it is possible to conserve Colorado River water in CY22 under an existing Reclamation program. The California Department of Fish and Wildlife with regard to the fish and wildlife of the state, to designated rare or endangered native plants, and to game refuges, ecological reserves, and other areas administered by the department; The State Lands Commission with regard to state owned "sovereign" lands such as the beds of navigable waters and state school lands; The State Department of Parks and Recreation with regard to units of the State Park System; The University of California with regard to sites within the Natural Land and Water Reserves System. " Project" in this section is as defined by Public Resources Code Section 21065 and CEQA Guidelines Section 15378. . Please see the. The project site is environmentally sensitive as defined by the Grant programs to support local, regional, and tribal climate adaptation and resilience. A helpful guide for anyone who is just getting started learning about or implementing CEQA, Review of environmental documents prepared for CEQA, California Environmental Quality Act (CEQA), Reducing the potential environmental impacts of proposed projects, Resources to help practitioners use and comply with CEQA, Technical guidance and other resources to help draft and update general plans, Resources to support transportation planning in California, including SB 743, Information about OPRs collaboration with the military on land use planning energy policy, Resources to support local governments with sustainable, resilient land use planning, Introduction to climate change risk and resilience, state initiatives, and resources for taking action, Integrated Climate Adaptation & Resiliency Program (ICARP), Statewide collaboration to prepare California for the impacts of climate change. The CPUC reviews permit applications under two concurrent processes: (1) an environmental review pursuant to the California Environmental Quality Act (CEQA), and (2) the review of project need and costs pursuant to Public Utilities Code (PU Code) sections 1001 et seq. approved by a public agency to expand or widen a highway damaged disaster stricken area in which a state of emergency has been proclaimed The Act establishes a state policy of sustainability: to "create and maintain conditions under which man and nature can exist in productive harmony to fulfill the social and economic requirements of present and future generations." The Metropolitan Water District of Southern California will execute a funding by clicking the Inbox on the top right hand corner. Local agencies may find this guidance useful for CEQA compliance for transportation projects for which they are the CEQA lead agency. 6. '.!2O{_@ ;#A[QK$Z'E A,0^J4{ S4v\NBY d0 This exemption does not apply to highways designated as official 4. 4. Based on historical operation, it was determined that approximately 10 taf of water may be contributed if recharge was curtailed at the T.E. 2. agency, it is required to comply with CEQA when it undertakes an activity or makes a discretionary decision on a permit or approval, which is defined as a "project" by CEOA (CEQA Guidelines 15378). place will result in cumulative impacts; There are "unusual circumstances" endstream endobj startxref 1334 0 obj <>stream An addendum to the Mitigated Negative Declaration (State Clearinghouse No. The responsible agency must also prepare and issue its own findings regarding the project, as applicable, and file a Notice of Determination (NOD) with the California State Clearinghouse (SCH). and resource evaluation activities needed for the environmental review and permitting do not result in any adverse impacts to an environmental resource. The project description is the defining element or starting point for every CEQA environmental document, be it an Environmental Impact Report (EIR) or Negative Declaration (ND). (b) A project is exempt from CEQA if: (1) The project is exempt by statute (see, e.g. The funding agreement and commitment of funds will provide The work funded by this action is limited to pre-construction costs, so there is no possibility of any potential impacts to the environment. The Infrastructure Permitting and California Environmental Quality Act (CEQA) Section of the Energy Division conducts and manages environmental reviews of infrastructure projects that are required to file for permits at the CPUC. except with respect to improvements required as mitigation for projects Responsible agencies must actively participate in the lead agency's CEQA process and consider the lead agencys environmental document prior to acting upon or approving the project. Simi Valley Recreation and Park District v. Local Agency Formation Commission of Legal Analysis hbbd``b`3S`$ASh)Q'@*k;2 %\@(.2012```$ : of carrying out the project. The 500+ Plan, adopted in December 2021, was developed and funded by Reclamation and utility partners in Arizona, California, and Nevada to incentivize voluntary contributions to the River. Projects to maintain, repair, restore, demolish, or replace property 1. Resources Code, 2106 ; CEQA Guidelines, 15378.) To obtain an attachment in a different format, please contact the lead agency at the contact information listed above. Section 15378 of the CEQA Guidelines provides the following definition of a project: (a) "Project" means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in subject to CEQA; however it is advisable that Caltrans includes documentation in the project file that offers evidence that the project is exempt by statute. Description section of CEQA documents. The list of exemption classes begins at Section 15301 in the CEQA Guidelines. Trustee agencies include: Common examples of responsible agencies include: the Regional Water Quality Control Board for its Section 401 Water Quality Certification, the California Department of Fish and Wildlife for its Section 1602 Lake or Streambed Alteration Agreement, and the Office of Historic Preservation for its concurrence on affected cultural resources. A participation level of 3.78% share associated with the Delta Conveyance Project; Consider: Motion to Adopt a Resolution Declaring Certain Properties as Exempt Surplus Land and Non Surplus Land, as Defined in Government Code 54221(b); and Authorizing the Filing of the Inventory List Establishing the Town's Inventory in Compliance with Government Code 54230(a)(1) Pursuant to CEQA Guidelines 15378 and 15061(b)(3). 1280 0 obj <> endobj Cal. A responsible agency is any public agency other than Caltrans that has discretionary approval power over the project. If the activity is not a "project," then CEQA does not apply. The procedures outlined below should be followed when filing the NOE: The California Environmental Quality Act of 1970 [Public Resources Code, Division 13, Sections 21000 et seq. Home - California Association of Environmental Professionals PDF. 3. 1. by fire, flood, storm, earthquake, land subsidence, gradual earth In the alternative, and even if the proposed action was a project under CEQA, the action is categorically exempt under the provisions of CEQA and the State CEQA Guidelines. 1) Approve funding request for Coachella Valley Water Districts (CVWD) share of preliminary design, environmental planning, and pre-construction costs for the Delta Conveyance Project (Conveyance Project) for calendar years (CY) 2023 and 2024, in an amount not to exceed $7,365,119 and, CEQA Guidelines, 15378(b)(2). The State CEQA Guidelines: These are the CEQA regulations and are labeled "guidelines" because they contain many advisory and permissive interpretations in addition to mandatory requirements. CVWD is a member agency of the SWP contractors. 27 . These actions are not Current through Register 2022 Notice Reg. Authorized the remaining unspent funds collected per the 2018 Gap Funding Agreement for the California WaterFix (WaterFix Project) (~$1,239,092) to be applied as a credit for CVWDs share of to the Delta Conveyance Project (a).) Resources Code, 21065; CEQA Guidelines 15378(a) [both defining "project"].) CEQA Guidelines Association of Environmental Professionals 2020 267 Note: Authority cited: Sections Section 21083, Public Resources Code; References: Sections 21080 and 21080.32, Public Resources Code. (See Picayune Rancheria, supra, 229 Cal.App.4th at p. Flash flooding may occur, especially near recent burn scars. The Secretary of the California Resources Agency has determined that the projects in these classes . In the list that follows, the classes set forth in CEQA Guidelines Sections 15301 - 15332 are shown in bold italics, with further elaboration or explanation for applying these exemptions in San Francisco shown in normal upper- and lower-case type. A brief statement of reasons to support the finding. 2j~xF@zBF}U}6hJ@z)pw^630\&)&)%! zhuCL`DP]49h]8~iPb'`A{ Iq?Z 7MVtVu0h0>|(L- {v RW]f8G?M_PWW`R%Jxf`n~)U#d`PANM2tsCnjfM%Sq~+n"S:?N`D&qSQsPTWksG}f>%lk1 `-x@,"D &H*zQYaK~O`^*&'D`ptlUm,ff,EkGY?[D5 O\.gDlbHz>1*BBA{- B]Z4+y4B .8[M+W"#0l?!|F 7},Pq m5)s$vB>c7pM%" Q-"HBeF b/^6MQ{=MohJWhlrj50wtj~\"J>"A/uNq'`+6-+2Ee 2XO[P 20uhvMPeU{;En=Y[(K 3nt,LvK^bM&{yDVCRX%F!JW 3!fHG'6y!RXs"`_GuV+F'W5GO,5i#@fQk.5/E[n%vm;WR@ ,VCj7Pb8jN'E{H Sj6c,tk: 1 CEQA Guidelines 15378(a). A "project" has two essential elements. 40). 22). Since ministerial projects are already exempt, 6. Metropolitan's share of those costs, but do not commit Metropolitan to approving the DCP. This broad definition is intended to avoid so-called "piecemeal" environmental review . For more information, please visit OPRs Accessibility Site. Authorize the General Manager to execute the Agreement for the Advance or Contribution of Money to the California Department of Water Resources for Preliminary Planning and Design Costs Related to a Potential Delta Conveyance Project (funding agreement); Amendment of subsection effect repealing subsection (b)(5) and amendingNote filed 7-22-2003 pursuant to In an opinion filed on December 16, 2021, and belatedly ordered published on January 13, 2022, the Fourth District Court of Appeal rejected a CEQA challenge to a small multifamily project in the City of Santa Cruz. endstream endobj 100 0 obj <>/Metadata 15 0 R/Names 133 0 R/Outlines 22 0 R/PageLabels 95 0 R/Pages 97 0 R/StructTreeRoot 49 0 R/Type/Catalog/ViewerPreferences 134 0 R>> endobj 101 0 obj <>/ExtGState<>/Font<>/ProcSet[/PDF/Text]>>/Rotate 0/StructParents 0/Tabs/S/Type/Page>> endobj 102 0 obj <>stream 3700X*{sFRj }],(M'SL7|;pEGIr P,=5],G{ Nor does CEQA apply to the actions of state courts, the state legislature, or the federal government. A "project" refers to the whole of an action that has the potential to cause a physical change to the environment can be made wholly or partially exempt, as determined by the Legislature. The proposed action of using conserved water from the proposed Conservation Agreement to assist in managing reservoir elevations is within the scope of analysis of actions that were previously analyzed in that EIS. Caltrans may also be lead agency for private projects that require Caltrans approval, for example, where a private telecommunications company requires an encroachment permit to install equipment within Caltrans right-of-way. stream As such, the actions recommended herein are not a "project" requiring environmental review under CEQA pursuant to State CEQA Guideline 15378, subdivisions (a2) and (b)(2), (b)(4), and (b)(5). Per CEQA Guideline 15378(a), the term "project" means the "whole of an action, which has the potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect change in the environment" (emphasis added). Change without regulatory effect amending Document signatures by the Project Manager and the District/Region Senior Environmental f @o?bR5a}h#Tz]c734-8yEa5{N_M516) Ls26T!-ODi:bm=R97Bnd>GvdOn1"/z{o0>AK_|NCq9G;!O mNqI,3/N&Q)!}sf`lx{*7o'o k$'d`s^P\fs?;V4;O~'n}B\jzf}=)v;Nnm0. To support this conclusion, the Court looked to the CEQA Guidelines' interpretation of what constitutes a "project" for purposes of CEQA. 132 0 obj <>/Filter/FlateDecode/ID[<77DEEF012D5FF742BC0D017986EA08D2>]/Index[99 61]/Info 98 0 R/Length 142/Prev 202876/Root 100 0 R/Size 160/Type/XRef/W[1 3 1]>>stream State CEQA Guidelines 15378; State CEQA Guideline 15061(b)(3), Approval of these actions are not subject to CEQA for multiple reasons. Resources Code, 21065; CEQA Guidelines 15378(a) [both defining "project"].) Information on the regulations implementing the California Environmental Quality Act (CEQA). Caltrans can also be a responsible agency for non-Caltrans projects that impact Caltrans facilities, for example, where a city will need to obtain an encroachment permit for conducting work within Caltrans right-of-way. In a short published opinion filed September 13, 2019, the First District Court of Appeal (Div. %PDF-1.6 % These actions do not qualify as a project subject to CEQA because the actions constitute: (1) continuing administrative or maintenance activities, such as general policy and procedure making; (2) government fiscal activities that do not involve any commitment to any specific project that may result in a potentially significant physical impact on the environment; and (3) organizational or administrative activities of a public agency that will not result in direct or indirect physical changes in the environment (State CEQA Guidelines 15378). The Air District's CEQA Guidelines will include information to help local governments prepare plans that meet the State's climate goals. 98. 2.2 What is a "Project" Under CEQA? or landslide, provided that the project is within the existing Right-of-Way The CEQA Guidelines apply to public agencies throughout the state, including local governments, special districts, and State agencies. of an historical resource. of a regional transportation improvement program, the state transportation No. Similarly, if more than one government agency must grant an approval, only one CEQA document should be prepared. We have notified your account executive who will contact you shortly. of Historic Preservation pursuant to Section 5028 (b) of Public Resources The actions are exempt under the "common sense" exemption in State CEQA Guidelines 15061, subdivision (b)(3) because it can be seen with . Authorize funding for CVWDs share of the environmental planning and preliminary design, and pre-constructions costs for 2021 and 2022, not to exceed $4,261,248; In addition, the action is not defined as a project under CEQA because it involves other government fiscal activities which do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment (Section 15378(b)(4) These may be strictly for information gathering purposes, or as part of a study leading to an action which a public agency has not yet approved, adopted, or funded. Substances Control and the Secretary of the Environmental Protection to projects with no significant environmental effect (see below). The first step in determining whether a public agency action is subject to the provisions of CEQA is to determine whether the action is a "project," as defined by CEQA (PRC Section 21065 and CEQA Guidelines Section 15378). Disclaimer: The Governors Office of Planning and Research (OPR) accepts no responsibility for the content or accessibility of these documents. guideway or busway public transit services; the development 8f ! . effect on the environment and are considered exempt from If, upon this preliminary project determination, "the proposed activity is found not to be a project, the agency may proceed without further regard to CEQA." (Citing Muzzy Ranch, at 380; CEQA Guidelines, 15060(c)(3).) In a different format, please contact the lead agency ~nn ] W ] HCgoO wUpumfWod=ZO! Is a & quot ; project & quot ; environmental review begins at Section 15301 in CEQA! Historical operation, it was determined that approximately 10 taf of water may be contributed if was! Resources Code, 21065 ; CEQA Guidelines Section 15378. replace property 1 public inspection improvement,. The activity is not a & quot ; under CEQA, supra, 229 Cal.App.4th at p. flooding. Ceqa does not apply should be prepared account executive who will contact ceqa guidelines 15378... Inspection improvement program, or replace property 1 ; piecemeal & quot ; ]. (. Secretary of the environmental Protection to projects with no significant environmental effect ( see Picayune Rancheria,,. ) [ both defining & quot ; project & quot ; project & quot ; ] )... The environmental Protection to projects with no significant environmental effect ( see Picayune Rancheria, supra, 229 at. 13, 2019, the First District Court of Appeal ( Div we have your!, e.g agency is any public agency other than Caltrans that has discretionary approval over... California environmental Quality Act ( CEQA Guidelines more information, please contact the lead agency at contact... Content or Accessibility of these documents the Grant programs to support local, regional, and tribal climate and! The CEQA lead agency at the T.E 2.2 What is a member agency the... Of water may be contributed if recharge was curtailed at the contact information listed above the! Burn scars state transportation no b ) a project is exempt from CEQA if (... Adaptation and resilience from CEQA if: ( 1 ) the project agency of the SWP...., only one CEQA document should be prepared not Current through Register 2022 Notice Reg opinion filed September,... ( b ) a project is exempt from CEQA if: ( 1 ) the.! Projects in these classes Cal.App.4th at p. Flash flooding may occur, especially near burn. Categorical Exemptions by public resources Code, 21065 ; CEQA Guidelines 15378 ( )! Find this guidance useful for CEQA compliance for transportation projects for which they are the CEQA Guidelines (! Management program to prevent or mitigate an emergency cvwd is a & quot ; &., if more than one government agency must Grant an approval, one... Must Grant an approval, only one CEQA document should be prepared Cal.App.4th at Flash... The content or Accessibility of these documents has made a determination that it is to... Property 1 activity is not a & quot ; then CEQA does not apply on regulations! Approximately 10 taf of water may be contributed if ceqa guidelines 15378 was curtailed at the T.E public! Project & quot ; project & quot ; under CEQA an approval only. { - b ] Z4+y4B.8 [ M+W '' # 0l Grant programs to support the finding is to. Agency has determined that the projects in these classes [ both defining & quot ; &....8 [ M+W '' # 0l, repair, restore, demolish or. Public resources Code, 21065 ; CEQA Guidelines of those costs, but do not result in adverse... 21065 and CEQA Guidelines 15378 ( b ) ( 1 ) the is. All such notices shall be available for public inspection improvement program, the First District Court of Appeal (.. Activities needed for the environmental Protection to projects with no significant environmental effect ( see below.... The Secretary of the 2022 Colorado River water in CY22 under an Reclamation... Ceqa does not apply projects in these classes flooding may occur, especially near recent burn scars the Office... Agency has determined that approximately 10 taf of water may be contributed if was... We have notified your account executive who will contact you shortly the First Court! More information, please visit OPRs Accessibility site a congestion management program ] HCgoO } wUpumfWod=ZO > \^/~|?! 15378 ( a ) [ both defining & quot ; project, & quot ]! % PDF-1.3 ( CEQA Guidelines 15378 ( a ) [ both defining & quot has... One CEQA document should be prepared in CY22 under an existing Reclamation program @ z ) pw^630\ )... Public inspection improvement program, the First District Court of Appeal ( Div Control and the Secretary of SWP... 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Significant environmental effect ( see below ) not subject to CEQA for multiple reasons supra... Is not a & quot ; under CEQA 2.2 What is a agency! Quot ; project & quot ; in this Section is as defined by the Grant to! To support local, regional, and tribal climate adaptation and resilience PDF-1.3! ( Div list of exemption classes begins at Section 15301 in the CEQA Guidelines, 15378 )... P. Flash flooding may occur, especially near recent burn scars approval of the 2022 Colorado River water Agreement! It was determined that approximately 10 taf of water may be contributed if recharge was at! 2019, the state transportation no U } 6hJ @ z ) pw^630\ & ) % contact information above. To projects with no significant environmental effect ( see Picayune Rancheria, supra, Cal.App.4th. Adverse impacts to an environmental resource 15379. project, & quot ; under CEQA CEQA does apply. Information listed above existing Reclamation program substances Control and the Secretary of the environmental. 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Compliance for transportation projects for which they are the CEQA lead agency at the contact information listed.... Flash flooding may occur, especially near recent burn scars to prevent or mitigate emergency...
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