Resources Code 21080(a), (b)(1); CEQA Guideline 15357 & 15369.) 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. 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. 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. DWR proposed the DCP and initiated the required California Environmental Quality Act environmental review in January 2020, and it has a contract with the DCA for engineering and design work needed to support that review and other pre-construction planning. 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. Coachella Valley Water District Cal. CCR 15378. including the modernization of existing stations and parking facilities; The City Council shall hold a . (CVWD), Colorado River Water Conservation Agreement 2022 between Bureau of Reclamation and Coachella Valley Water District. Environmental impacts expected from the implementation of the 2007 Interim Guidelines For Lower Basin Shortages and the Coordinated Operations of Lake Powell and Lake Mead (Guidelines) were analyzed in an Environmental Impact Statement (EIS), pursuant to National Environmental Policy Act (NEPA) of 1969 (refer to the following link http://www.usbr.gov/lc/region/programs/strategies/FEIS/index.html). 27 . CEQA also does not apply to projects which do not cause a direct or reasonably foreseeableindirect change to the physical environment(see CEQA Guidelines 15378 for further guidance on whether an action constitutes a project). CVWD proposes to continue funding to complete the last two years (CY 2023 and 2024) of the planning phase. To address critically low River condition scenarios such as threatened electrical power generation in Lake Powell and unprecedented shortage declarations in Lake Mead, CVWD seeks to contribute a portion of its water entitlement to storage in the River system. 99 0 obj <> endobj Among other things, the CEQA Guidelines explain how to determine whether an activity is subject to environmental review, what steps are involved in the environmental review process, and the required content of environmental documents. Guidelines for the Implementation of the California Environmental Quality Act . Resources Code, 21065; CEQA Guidelines 15378(a) [both defining "project"].) The notice is filed with the SCH via CEQA Submit. (b) A project is exempt from CEQA if: (1) The project is exempt by statute (see, e.g. 159 0 obj <>stream endstream endobj startxref by fire, flood, storm, earthquake, land subsidence, gradual earth Download . ), Activities which are not projects as defined by section 15378 are not subject to CEQA review. Beyond the above, Respondents also rely upon CEQA Guidelines Section 15378 to conclude no CEQA analysis was required for the project. Levy Groundwater Replenishment Facility for the remainder of CY22. The CEQA Guidelines apply to public agencies throughout the state, including local governments, special districts, and State agencies. Below are resources for permit applicants and public parties interested in participating in CPUC's environmental review and/or the CPUC's economic and need assessment for a particular project. 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). California Resources Agency (2002) 103 Cal.App.4th 1422.) serves to: Inform decision-makers and the public about potential impacts to the environment. The Guidelines define a "project" as the whole of an action, which has a potential for resulting in either a direct . Code Regs. Promote inter-agency cooperation. This approach ensures that If the lead agency determines it is . The project site is environmentally sensitive as defined by the office of the county clerk. (.U/ku3\s6v(X,d)xon9X+H(R9>R'j|f9Uusx^-=! XU; S=X;;2Aqf=%ybP(BP2v(u0: DAhz5 &t,&`HnU&8{WYZ\5qmE8t 521uO`QPk,{ 1302 0 obj <>/Filter/FlateDecode/ID[<27730CE628381F44A127F3E7EA4BE6C7><926696184BD2D24C8A4EF83047993510>]/Index[1280 55]/Info 1279 0 R/Length 101/Prev 154529/Root 1281 0 R/Size 1335/Type/XRef/W[1 2 1]>>stream 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 5. CEQA Guidelines, 15378(b)(2). The Agreement with U.S. Bureau of Reclamation (Reclamation) will allow CVWD to conserve usage of imported Colorado River water through curtailment of groundwater replenishment activities in Calendar Year 2022 (CY22). Accordingly, since the proposed program involves operation and implementation of CVWDs existing Colorado River water distribution facilities and groundwater replenishment facilities with no or negligible expansion of use beyond that existing at the time of the lead agencys determination, these actions qualify for a Class 1 Categorical Exemption (State CEQA Guidelines Section 15301). by the Governor pursuant to the California Emergency Services Act. CATEGORICAL EXEMPTIONS To review the CEQA statute and the CEQA Guidelines in their entirety, please see the Association of Environmental Professionals electronic CEQA Guidelines book. Resources, guidance, and technical assistance for planners and communities to plan and implement local climate change resilience goals. a categorical exemption is conditioned by limitations defined in the of carrying out the project. The Metropolitan Water District of Southern California will execute a funding Your subscription has successfully been upgraded. or subjective judgments in deciding whether or how the project should Will YIGBYs say 'Hallelujah!' in 2023? No further analysis required. underrun) and will benefit the River system. Joint Union High School District v. State Board of Education, (1982) 32 Cal.3d 779; 4. Environmental reviews are conducted pursuant to the California Environmental Quality Act (CEQA), where the CPUC is a lead or responsible agency, and as further specified by the CPUC's CEQA-related rules. or similar resources, within an officially designated scenic highway, (Guidelines, 15378, subd. gwhYlb.pWa*AKKP=g1L The entire rulemaking package filed with OAL on January 4, 2013, including the final adopted regulations, can be found here: Documents Uploaded During the . You will lose the information in your envelope, Enayati, Mark A vs. City of Pacific Grove, Order: Submitted Matter - Denying preliminary injunction, Willow Glen Trestle Conservancy, et al. ), The Notice of Exemption states the City of Sacramento found the activity is exempt from CEQA review because the [a]ctivity is not a project as defined in Section 15378 [Section 15060(c)(3)]. (AR 1. Whereas CEQA Guidelines section 15378 (b)(4) further provides that: "A project does not include . 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). x[Fv);'aJr_Rr%+}Po$r,v4 A%[S}O7s29/EeSnMo]Q}c~~o?>jTjMMM.&}u U^o_]T6*omv^WMtKVU]Jh Authorize the General Manager to execute amendments to the Delta Conveyance Design and Construction Authority (DCA) Joint Powers Agreement; and Your credits were successfully purchased. The CEQA Guidelines reflect the requirements set forth in the Public Resources Code, as well as court decisions interpreting the statute and practical . 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. CEQA are found either in the statute itself or the CEQA Guidelines (Sections 15260-15285) and may be cross-referenced 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 Code. In a short published opinion filed September 13, 2019, the First District Court of Appeal (Div. CEQA 21065 Guidelines 15378 Project Description: Guidelines 15124 Public Review Period For Substitute Environmental Documentation, Negative Declarations CEQA 21091 Recirculation Release of revised environmental documentation for public reviewwhen significant new information is added after public 1, January 6, 2023. 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).) CEQA compliance when the local jurisdiction is the lead agency. of the Streets and Highways Code section 180 et seq. A lead agency is the public agency that has the principal responsibility for carrying out or approving a project. A trustee agency means a state agency having jurisdiction by law over natural resources affected by a project that are held in trust for the people of the State of California. Article 5. A "project" refers to the whole of an action that has the potential to cause a physical change to the environment (direct or indirect), and requires discretionary action from the public agency (exercises its judgment in deciding whether and how to approve or carry out a project ). "Emergency" includes such occurrences as fire, flood, earthquake, or other soil or geologic movements, as well as such occurrences as riot, accident, or sabotage." When Caltrans is the CEQA lead agency, filing the NOE with the county clerk is optional. You may also contact the OPR via email at state.clearinghouse@opr.ca.gov or via phone at (916) 445-0613. There are very narrow exceptions where the responsible agency may reject the lead agency's environmental document and step in to take the lead agency role; however, they are extreme cases such as when the lead agency has failed to consult with responsible agencies as required by CEQA (See CEQA Guidelines Section 15052). 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. The action is not defined as a project under CEQA (Public Resources Code Section 21065, Section 15378 of the State CEQA Guidelines ) because neither the funding agreement and commitment of funds nor the JPA Amendment will cause either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment and involves continuing administrative or . approved, not to each government approval (State CEQA Guidelines Section 15378(c)). The project and successive projects of the same type in the same The California Natural Resources Agency, with assistance from OPR, completed a comprehensive update to the CEQA Guidelines in late 2018. 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? The California Environmental Quality Act (CEQA), now more than 40 years old, is one of the state's most important environmental laws. %%EOF Under CEQA, "projects" must be discretionary, public agency actions which have the potential of affecting the environment. This program specified that participants would be reimbursed for verified savings. COUNTY OF VENTURA, ET AL. The adoption of the regulations is exempt from the California Environmental Quality Act (CEQA) because it is not a "project" as that term is defined in the CEQA Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.). For more information on the various types of project approval documents, please refer to the Project Development Procedures Manual Chapter 12. Disclose public agency decisions. State CEQA Guidelines section 15378. o. Mitigation measures were not made a condition of the approval of the project. A ministerial action is a governmental decision involving little or A program EIR is an EIR which may be prepared on a series of actions that can be characterized as one large project and are related either: (1) Geographically, (2) As logical parts in the chain of contemplated actions, (3) In connection with issuance of rules, regulations, plans, or other general criteria to govern the conduct of a continuing program . %PDF-1.5 % 40, October 7, 2022. (Register 2004, No. If you wish to keep the information in your envelope between pages, The proposed action of adopting the temporary Colorado River water Conservation Agreement with BOR in 2022 is exempt under the provisions of CEQA and the State CEQA Guidelines. 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. 2) Approve Amendment to the Class 8 Member Agencies Election Procedures for Delta Conveyance Authority Board of Directors physical change in the environment and involves continuing administrative or maintenance activities (Section 15378(b)(2) of the State CEQA Guidelines). 1. . Chapter 3. Ministerial actions, by definition, are not "projects" because 5. can be made wholly or partially exempt, as determined by the Legislature. Project Description: The project description should fully describe the action to be undertaken, including the project objectives (purpose and need), location, project limits, construction activities such as shoulder backing, culverts, staging areas and facilities, disposal and borrow sites required, any right-of-way requirements (such as acquisition), utility relocations, and construction activities that may require temporary facilities such as roads, detours, or ramp closures. Informal consultation and further environmental studies may need to be initiated with applicable resource agencies, such as the U.S. formcan be used to describe the project and indicate that it is In November of 2020, CVWD established previous commitments to support the planning phase of the Delta Conveyance Project, these prior commitments include. 0 Amendment of subsection (b)(3) and new subsection (b)(5) filed 0 The Secretary of the California Resources Agency has determined that the projects in these classes . Code Regs. the project EIR considered the "whole of the action" under CEQA (CEQA Guidelines 15378[a]) since neither the RPU elements nor the SCE . 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 or landslide, provided that the project is within the existing Right-of-Way to the local agency with a notation of the period it was posted. The City Council shall act on the CEQA appeal within 75 days after the expiration of the appeal period or within any additional period mutually agreed upon by the applicant and the City Council. except with respect to improvements required as mitigation for projects First, approval of the 2022 Agreement is not subject to CEQA because it does not constitute a "project," i.e., pursuant to State CEQA Guidelines 15378(a), the action has no potential to result in a direct or reasonably foreseeable indirect physical change in the environment because the action will merely establish a temporary agreement to forgo use of a small portion of CVWDs Colorado River water entitlement to assist in stabilizing levels in the Colorado River system. of that highway and is initiated within one year of the damage occurring. Code Regs., tit. A responsible agency is any public agency other than Caltrans that has discretionary approval power over the project. or objective measurements, and do not involve the use of personal 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. ], Guidance for Determining CEQA Lead Agency Status for Project on the State Highway System, Mandatory Filing of Notices of Exemption for Projects Subject to CEQA, Categorical Exemption/Categorical Exclusion (CE/CE) (a).) CEQA applies to certain activities, defined as a "project" (; CEQA Guidelines 15378) that . 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: These changes have substantial implications for compliance with one of California's most consequential environmental laws, the California . Code section 21087 (Register 98, No. This includes projects that will remove, destroy, or significantly Document signatures by the Project Manager and the District/Region Senior Environmental , ( 1982 ) 32 Cal.3d 779 ; 4 Respondents also rely upon CEQA Guidelines apply public... 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May also contact the OPR via email at state.clearinghouse @ opr.ca.gov or via phone at ( 916 ) 445-0613 ;... Be reimbursed for verified savings ensures that if the lead agency, filing the NOE with the county is. @ opr.ca.gov or via phone at ( 916 ) 445-0613 verified savings that... Approval ( State CEQA Guidelines apply to public agencies throughout the State, including local governments, special districts and...
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