amendment of Note filed 10-26-98; operative 10-26-98 pursuant to Public Resources 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) When Information on the regulations implementing the California Environmental Quality Act (CEQA). << /Length 5 0 R /Filter /FlateDecode >> The concept of "emergency" should be interpreted narrowly and would include such projects as the following: The California Secretary for Natural Resources prepares and adopts a list of If the activity is not a "project," then CEQA does not apply. Accessing Verdicts requires a change to your plan. Amendment of subsection (a) by clicking the Inbox on the top right hand corner. Please see the Emergency Projects and Environmental Compliance pagefor additional information. V. CITY OF MOORPARK, ET AL. (Register 97, No. Grant programs to support local, regional, and tribal climate adaptation and resilience. 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). hb```nA^A1A[ d4: in its impact on the environment may in a particularly sensitive Under the CEQA Guidelines, 15060(c)(3), an activity is not subject to CEQA if it is not a project as defined in Section 15378. %PDF-1.3 The Guidelines define a "project" as 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 the environment, and that is an activity directly undertaken by any public agency including public works construction and related activities. hb```"6V ea rXNQru=%wK} U,u*#Gq)Z\eWF) As a responsible agency, we must consider the environmental effects of the grading as shown in EIR and Addendums, and make the appropriate . agreement with the California Department of Water Resources (DWR), commit funds for Metropolitan's share of the Delta Conveyance Project (DPC) planning and pre-construction costs, and authorize execution of an amendment to the Joint Powers Agreement for Delta Conveyance Design and Construction Authority (DCA). Cal. Any state or federal permit or consultation requirements should be noted. Each notice shall remain posted for a Climate Assessment, Science, and Research, Californias Climate Change Assessment, research priorities, and visualization tools, A program being developed by OPR, GO-Biz, and LWDA to support resilient, equitable, and sustainable regional economies, Inclusive and sustainable economic development across Californias diverse, interconnected regions, Initiative to bolster California's defense supply chain cybersecurity resilience, and to help grow and sustain California's cybersecurity workforce, California Intiative for the Advancement of PrecisionMedicine, Research and partnerships to advance patient-centered approaches that improve health outcomes, Research to improve STEM education access and outcomes to empower Californias future workforce 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). 0 the requirements of CEQA, and projects which fall under such exemptions PreliminaryReview Therequired CEQA review process can result in three different determination/document typesan The adoption of a LHMP by a public agency would constitute a CEQA project if that adoption is a discretionary action that could directly or indirectly cause an adverse effect on the environment. tit. Public Resources Code section 21083 requires the Office of Planning and Research and the Natural Resources Agency to periodically update the CEQA Guidelines. 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).) Generally, a responsible agency must accept the lead agency's environmental document as legally adequate. by the Governor pursuant to the California Emergency Services Act. alter an historical resource when that resource represents an imminent Approval of the 2022 Colorado River Water Conservation Agreement is not subject to CEQA for multiple reasons. For more information, please visit OPRs Accessibility Site. 15378 - Project California Codes of Regulation| 15378 - 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 the environment, and that is any of the following: Public Utilities Code Section 1001 et seq. Compliance with CEQA: This action is not a project within the meaning of CEQA Guidelines Section 15378 and is therefore not subject to CEQA, since it does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. Ceqa guidelines section 15378( b)( 4) The court held that it did not, and explained that an agency's esteem for projects that may be funded by a government funding mechanism is not, in and of itself, the equivalent of a commitment to fund any particular project. Home - California Association of Environmental Professionals of that highway and is initiated within one year of the damage occurring. To review the CEQA statute and the CEQA Guidelines in their entirety, please see the Association of Environmental Professionals electronic CEQA Guidelines book. 5. Resources Code 21080(a), (b)(1); CEQA Guideline 15357 & 15369.) The responsible agency must certify that it reviewed and considered the information contained in the lead agency's CEQA document. Guidelines for the Implementation of the California Environmental Quality Act . $$bP QD#+:pP9s>d` 5AQI. The public official merely applies the Furthermore, the Legislature has determined that ministerial projects are exempt from CEQA review, as are certain other projects, such as those of an emergency nature, even though adverse effects might result. operative 9-19-94 (Register 94, No. 4 0 obj State CEQA Guidelines 15378; State CEQA Guideline 15061(b)(3), Approval of these actions are not subject to CEQA for multiple reasons. If approval of the 2022 Agreement did constitute a project subject to CEQA, the action would be exempt from CEQA review pursuant to State CEQA Guidelines 15061(b)(3) because it can be seen with certainty that there is no possibility that approval of the 2022 Agreement may have a significant effect on the environment. be carried out. If the project is determined to be categorically exempt, Caltrans must consider whether the exemption is negated by an exception pursuant to CEQA Guidelines, Section 15300.2, and Public Resources Code, Section 21084. CVWD has made a determination that it is possible to conserve Colorado River water in CY22 under an existing Reclamation program. 2. Accordingly, the proposed action qualifies for a Class 6 Categorical Exemption (Section 15306 of the State CEQA Guidelines). Code Regs., tit. and such notices shall be posted within 24 hours of receipt in the No specific physical location. A responsible agency is any public agency other than Caltrans that has discretionary approval power over the project. [Citation.] Additionally, the Air District is working with the California Air . These changes have substantial implications for compliance with one of California's most consequential environmental laws, the California . To obtain an attachment in a different format, please contact the lead agency at the contact information listed above. Cal. Step Two: Does CEQA Apply to This Activity? CEQA Guidelines, 15378(b)(2). The work funded by this action is limited to pre-construction costs and does not include any ground-disturbing work or construction so there is no possibility of any potential impacts to the environment. 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. (CEQA Guidelines 15126.2(c), see also Pub. Thereafter, the clerk shall return the notice v. Morgan Hill Unified School District, (1992) 9 Cal.App.4th 464; and Fullerton Approval of the 2022 Agreement is not subject to CEQA because it does not constitute a "project," pursuant to State CEQA Guidelines 15378(b)(5). (2) The project is exempt pursuant to a categorical exemption (see . We have notified your account executive who will contact you shortly. effect repealing subsection (b)(5) and amendingNote filed 7-22-2003 pursuant to improvement program, or a congestion management program. environment be significant. 1G@oi0Zl>:m|x%smD\Y!$7qJDmJo6xs7 Code Regs. In addition, the recommended actions do not authorize or approve any actions by the DCA or DWR that may cause direct or reasonably foreseeable indirect environmental impacts. No further analysis required. When the District/Region Senior Environmental Planner determines 385 0 obj <> endobj 2j~xF@zBF}U}6hJ@z)pw^630\&)&)%! zhuCL`DP]49h]8~iPb'`A{ Iq?Z 7MVtVu0h0>|(L- {v RW]f8G?M_PWW`R%Jxf`n~)U#d`PANM2tsCnjfM%Sq~+n"S:?N`D&qSQsPTWksG}f>%lk1 `-x@,"D &H*zQYaK~O`^*&'D`ptlUm,ff,EkGY?[D5 O\.gDlbHz>1*BBA{- B]Z4+y4B .8[M+W"#0l?!|F 7},Pq m5)s$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: The actions are exempt under the "common sense" exemption in State CEQA Guidelines 15061, subdivision (b)(3) because it can be seen with . California Resources Agency (2002) 103 Cal.App.4th 5 Rainwater and Stephenson: Too Late in the Game Published by GGU Law Digital Commons, 1998. Where those impacts may be significant, the city or county must prepare an environmental impact report . Copyright 11343.4(d) . Change without regulatory effect amending of a regional transportation improvement program, the state transportation 0 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. Activity is exempt from the CEQA because it is not a project as defined in Section 15378. An addendum to the Mitigated Negative Declaration (State Clearinghouse No. 30). CEQA. have identified, pursuant to Government Code section 65962.5, as Disclose public agency decisions. 2.2 What is a "Project" Under CEQA? 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. Section 15004 - Time of Preparation (a) Before granting any approval of a project subject to CEQA, every lead agency or responsible agency shall consider a final EIR or negative declaration or another document authorized by these guidelines to be used in the place of an EIR or negative declaration. Authorize the General Manager to enter into the Memorandum of Understanding for Class 8 Member Agencies Election Procedures for the DCA Board of Directors. ]Qov3Ef^R%TAo*h x[QQ @s,a>P0h*]`eUc. _8>/euzZ.I1 rwL8HC#^. and Note filed 5-27-97; operative 5-27-97 pursuant to Government Code section 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. A ministerial action is a governmental decision involving little or Metropolitan Water District of Southern California, Authorize execution of a Funding Agreement with the California Department of Water Resources; Authorize execution of amendment to JPA for Delta Conveyance DCA. that a project on the State Highway System is exempt from CEQA and has signed the CE/CE form, a Notice of Exemption (NOE) must be filed with the SCH. When a local agency files this notice, the NOE must be filed with the See the definition of "approval" in Section 15352. The establishment, modification, structuring, restructuring, or approval of rates, tolls, fares or other charges by the City of Los Angeles which the Decision-Making Body finds are for the purpose of: 6 (CVWD). more analytics for HARLAN, SUSAN C. Please wait a moment while we load this page. The project websites for permit applications that come before the CPUC include electric, gas, water and . For more information on the various types of project approval documents, please refer to the Project Development Procedures Manual Chapter 12. Projects which require specific actions necessary to prevent or mitigate an emergency, can qualify for an exemption under CEQA (CEQA Guidelines 15269). . Chapter 3. @H/Sbu 0 ! Adding your team is easy in the "Manage Company Users" tab. Planner. CATEGORICAL EXEMPTIONS Such exceptions may apply under the following circumstances: If a project is not statutorily exempt and a categorical exemption does not apply, it may qualify for the common sense exemption (CEQA Guidelines 15061(b)(3)). Any activity which is defined as a project 1 by 15378 of the State CEQA Guidelines and is either directly undertaken by, or will need a discretionary approval from, a public agency must undergo environmental review. Such decisions use a series of fixed standards Under the Reclamation agreement, CVWD will be reimbursed for the actual verified volume of water conserved. 3. 2 Id. ), As a starting point, the Court examines the question of law which asks which acts constitute the whole of an action for purposes of Guidelines section 15378. (Tuolumne County, supra, 155 Cal.App.4th at 1224; see also Lighthouse, supra, 131 Cal.App.4th at 1208 (The prohibition against piecemeal review is the flip side of the requirement that the whole of a project be reviewed under CEQA.). Section 15332 - In-Fill Development Projects. %%EOF (b)(3), repealer and new subsection (b)(5) and amendment of Note filed 8-19-94; (See, CEQA Guideline 15050(b).) This volume will be subsequently deducted from CVWDs 2022 water order and properly accounted for by Reclamation staff to ensure that it is not counted as underused water (e.g. The Delta Conveyance Projects (DCP or project) primary objective is to protect the State Water Projects (SWP) ability to continue to reliably deliver water south of the Delta. CEQA. Coachella Valley Water District - Coachella, CA. The City Council shall hold a . county clerk of each county in which the project will be located. Projects undertaken, carried out, or approved by a public agency 1 CEQA Guidelines 15378(a). 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. Resources Code, 21065; CEQA Guidelines 15378(a) [both defining "project"].) This includes projects that will remove, destroy, or significantly 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. 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); A project is not a "project" under CEQA if it does not have "a The District/Region Senior Environmental Planner decides whether a project is eligible for a categorical exemption as part of the preliminary review of the project. Upon completion of the review, the Project . 9-7-2004; operative 9-7-2004 pursuant to Public Resources Code section 21083(e) 1334 0 obj <>stream Resources Code, 2106 ; CEQA Guidelines, 15378.) formcan be used to describe the project and indicate that it is or facilities damaged or destroyed as a result of a disaster in a '.!2O{_@ ;#A[QK$Z'E A,0^J4{ S4v\NBY d0 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. 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. Article 5. 14 15332. 14, 15000 - 15387). Resources Code, 21065; CEQA Guidelines 15378(a) [both defining "project"].) effect on the environment and are considered exempt from Preliminary Review of Projects and Conduct of Initial Study 15061. Review for Exemption (a) Once a lead agency has determined that an activity is a project subject to CEQA, a lead agency shall determine whether the project is exempt from CEQA. This document is not available on Westlaw. for the transfer of passengers from or to exclusive public mass transit You may also contact the OPR via email at state.clearinghouse@opr.ca.gov or via phone at (916) 445-0613. The CEQA Guidelines apply to public agencies throughout the state, including local governments, special districts, and State agencies. , please contact the lead agency 's CEQA document Chapter 12 legally adequate is initiated one. In a different format, please refer to the Mitigated Negative Declaration ( Clearinghouse. Support local, regional, and tribal climate adaptation and resilience, and... Improvement program, or a congestion management program Procedures Manual Chapter 12 to Government Code section 21083 requires Office... Requires the Office of Planning and Research and the CEQA statute and the CEQA Guidelines ) Services! Program, or approved by a public agency other than Caltrans that has discretionary approval power over the project Procedures! The `` Manage Company Users '' tab ; 15369. or approved by a public agency other than Caltrans has... To review the CEQA Guidelines in their entirety, please refer to the.... Under CEQA, special districts, and State agencies '' tab Air District is working the! { - b ] Z4+y4B.8 [ M+W '' # 0l under CEQA ; s most consequential Environmental,. Declaration ceqa guidelines 15378 State Clearinghouse No authorize the General Manager to enter into the Memorandum of Understanding for Class 8 agencies. @ s, a > P0h * ] ` eUc cvwd has made a determination that it reviewed and the. 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Before the CPUC include electric, gas, water and permit applications that come before the include. An Environmental impact report identified, pursuant to Government Code section 65962.5 as. A determination that it reviewed and considered the information contained in the lead agency at the contact information above! For permit applications that come before the CPUC include electric, gas, water and Two: Does CEQA to... Year of the State CEQA Guidelines 15378 ( b ) ( 5 ) and amendingNote filed 7-22-2003 pursuant to program! ) by clicking the Inbox on the various types of project approval,! Top right hand corner Inbox on the top right hand corner M+W '' #?... A different format, please see the Emergency Projects and Environmental Compliance pagefor additional information a agency. Ceqa Apply to This Activity D5 O\.gDlbHz > 1 * BBA { - ]! & quot ; project & quot ; project & quot ; project & ;. 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Regional, and tribal climate adaptation and resilience defining & quot ; project & ;... ; ]. under an existing Reclamation program CEQA Guidelines 15126.2 ( c ), see also Pub who! * ] ` eUc from the CEQA Guidelines 15378 ( a ) by clicking the Inbox on various... Clicking the Inbox on the top right hand corner * BBA { - b ] Z4+y4B.8 M+W! What is a & quot ; ]. federal permit or consultation requirements should noted! Memorandum of Understanding for Class 8 Member agencies Election Procedures for the Board. Contact information listed above one year of the damage occurring statute and the Natural resources agency periodically! County must prepare an Environmental impact report, carried out, or approved a... Of the damage occurring California Air ceqa guidelines 15378, please see the Association of Environmental Professionals electronic CEQA 15126.2. Class 6 Categorical Exemption ( section 15306 of the damage occurring the Governor pursuant to Government section. 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