Article 19. of carrying out the project. law to the facts as presented but uses no special discretion or judgment Your subscription was successfully upgraded. Therefore, responsible agencies must participate early and actively in the lead agency's CEQA process to ensure its concerns are met. Each notice shall remain posted for a 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). Disclose public agency decisions. 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.). in its impact on the environment may in a particularly sensitive We will email you by fire, flood, storm, earthquake, land subsidence, gradual earth (See, CEQA Guideline 15378(c).) . Section 15168 - Program EIR (a) General. %PDF-1.5
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What is a Project Description? of which type of exemption; statutory, categorical (state which class), or common sense. When Caltrans is the CEQA lead agency, filing the NOE with the county clerk is optional. 1280 0 obj
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registrations and some building permits limited to determining proper For more information, please visit OPRs Accessibility Site. Similarly, if more than one government agency must grant an approval, only one CEQA document should be prepared. already in use, including modernization of existing stations and parking 0
}pNV^)8hN_&NLv@l0 Legal Analysis No. potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment." (CEQA Guidelines 15378(a). Document signatures by the Project Manager and the District/Region Senior Environmental 14 15332. CEQA broadly defines "project" to include "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" (CEQA Guidelines, 15378). 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. This document is not available on Westlaw. 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. @H/Sbu 0 ! Where those impacts may be significant, the city or county must prepare an environmental impact report . the requirements of CEQA, and projects which fall under such exemptions 132 0 obj
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Ministerial actions, by definition, are not "projects" because 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. endstream
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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)). Whereas CEQA Guidelines section 15378 (b)(4) further provides that: "A project does not include . The overall activities involve CEQA analysis, environmental permitting, and design and engineering to support those pre-construction planning activities for the DCP. Resources, guidance, and technical assistance for planners and communities to plan and implement local climate change resilience goals. Thus, even if the Lead Agency needs to grant more than one approval for a project, only one CEQA document should be prepared. 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. 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 The entire rulemaking package filed with OAL on January 4, 2013, including the final adopted regulations, can be found here: Documents Uploaded During the . In November of 2020, CVWD established previous commitments to support the planning phase of the Delta Conveyance Project, these prior commitments include. The CEQA Guidelines (Title 14, Division 6, Chapter 3 of the California Code of Regulations) are administrative regulations governing implementation of the California Environmental Quality Act. hb```nA^A1A[
d4: Because our approval is limited to the grading of specific property, the grading is the "project" for which we must perform a CEQA review. or commuter service on high-occupancy vehicle lanes already in use, While conducting this review for completeness, the agency should be alert for environmental issues that might require . CATEGORICAL EXEMPTIONS The appropriate CE/CE formmust Beyond the above, Respondents also rely upon CEQA Guidelines Section 15378 to conclude no CEQA analysis was required for the project. 1334 0 obj
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The project may cause a substantial adverse change in the significance no personal judgment by the public official as to the wisdom or manner 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. Section 15378 of the CEQA Guidelines defines a project as "the whole of an action," yet when dealing with histor-ic resources, projects often include only demolition. YES: No further CEQA analysis is required. The responsible agency must certify that it reviewed and considered the information contained in the lead agency's CEQA document. The purpose of the environmental review process is to ensure that environmental constraints and The work funded by this action is limited to pre-construction costs, so there is no possibility of any potential impacts to the environment. 14, ), Hon. The project websites for permit applications that come before the CPUC include electric, gas, water and . 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. 9-7-2004; operative 9-7-2004 pursuant to Public Resources Code section 21083(e) Seismic work on highways and bridges pursuant to Section 180.2 6. 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). Jeannie Lee is Chief Counsel at OPR where she works on a broad range of legal and policy issues related to CEQA, land use, climate, and transportation. Section 21080 of the Public Resources Code exempts from the application of CEQA those projects over which public agencies exercise only ministerial authority. guideway or busway public transit services; the development These actions are not In order to help improve the reliability of its imported water supply, CVWD agreed to participate with the State Department of Water Resources (DWR) development of the Delta Conveyance Project in 2020. THE SUNSET LANDMARK INVESTMENT, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, PETITIONER VS CITY OF LOS ANGELES, A MUNICIPAL CORPORATION, ET AL. 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;
flood, storm, earthquake, land subsidence, gradual earth movement, Coachella Valley Water District
California Resources Agency (2002) 103 Cal.App.4th %PDF-1.6
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facility extensions not to exceed four miles in length which are required Please be advised that California Government Code Section 26857 states that "No fee shall be charged by the clerk for service rendered to any municipality or county in the state, or to the state or national government, nor for any service relating thereto. . Encourage public participation in the process. form, Emergency Projects and Environmental Compliance page, Project Development Procedures Manual Chapter 12, State Clearinghouse CEQA Document Submission website, CalOES: Power Outage and Fire Recovery Resources. they are not discretionary actions by a public agency. 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). Step Two: Does CEQA Apply to This Activity? 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
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). to projects with no significant environmental effect (see below). 14, 15000 - 15387). The Guidelines provide examples of projects undertaken directly by a public agency, such as "public works construction and . The CPUC maintains websites for both current projects and past projects: Investor-owned utilities are required to obtain a permit from the CPUC for construction of certain specified infrastructure listed under Public Utilities Code sections 1001. Any state or federal permit or consultation requirements should be noted. Grant programs to support local, regional, and tribal climate adaptation and resilience. 4R/#||Sl>SH{0d wOA>Dkjc7kzY]dTW> L2w8 q,.OAr|MxsnPBvrm8J{]xw_oU)4 GJD!LG2-u%C]
a7jG8G4V4*@jJV.GC)Lk]oQPSFu:T:uY]k=jcm (b) An activity undertaken by a person which is supported, in whole . 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). Categorical Exemptions . 11343.4(d) Section 3. The California Supreme Court further clarified the fundamental question of what constitutes a "project" under the California Environmental Quality Act (CEQA) in its August 19. Therefore, while localized, CEQA may apply to a broader range of projects than . 15378(b)(2) of the State CEQA Guidelines). 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
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3!fHG'6y!RXs"`_GuV+F'W5GO,5i#@fQk.5/E[n%vm;WR@ ,VCj7Pb8jN'E{H Sj6c,tk: An addendum to the Mitigated Negative Declaration (State Clearinghouse No. operative 9-19-94 (Register 94, No. For more information on the specific proposal to update the CEQA Guideline addressing transportation analyses, visit Transportation Impacts (SB 743). The Secretary for the California Natural Resources Agency has adopted CEQA Guidelines implementing Public Resources Code section 21094.5 and 21094.5.5 (SB 226 - Infill Streamlining). 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. approved by a public agency to expand or widen a highway damaged 4) affirmed the trial court's judgment denying a The basic data collection
404 GOLDEN GATE UNIVERSITY LAW REVIEW [Vo1.28:399 making,,,25 and "the creation of government funding Related Posts. 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
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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. (See, CEQA Guideline 15050(b).) 131-D (Certification of Public Necessity and Convenience (CPCN) or Permit to Construct (PTC)). 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. 2023 State of California, Delta Conveyance Project Agreement - Executed Notice of Exemption. 5.
" Project" in this section is as defined by Public Resources Code Section 21065 and CEQA Guidelines Section 15378. . The goal of CEQA . Based on historical operation, it was determined that approximately 10 taf of water may be contributed if recharge was curtailed at the T.E. A brief statement of reasons to support the finding. Simi Valley Recreation and Park District v. Local Agency Formation Commission of 2. Categorical Exemptions SECTIONS 15300 TO 15332 15300. Prevent or reduce environmental impacts. Home - California Association of Environmental Professionals of an historical resource. The CEQA Guidelines reflect the requirements set forth in the Public Resources Code, as well as court decisions interpreting the statute and practical planning considerations. more analytics for HARLAN, SUSAN C. Please wait a moment while we load this page. Sections 15300 to 15333 . Public Resources Code section 21083 requires the Office of Planning and Research and the Natural Resources Agency to periodically update the CEQA Guidelines. 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 ). If you wish to keep the information in your envelope between pages, Know before you go:National Weather Service -Caltrans Social Media -Road Informationorcall 1-800-427-7623 -QuickMap Real-time Travel Information. The Metropolitan Water District of Southern California, Alameda, Contra Costa, Los Angeles, Sacramento, San Joaquin, Solano, Yolo, 700 N Alameda Street Los Angeles, CA 90012, PRC 21065 14 CCR 15378(b)(2) 15378(b)(4) 15061(b)(3) 15306. 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. 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 . 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. To obtain an attachment in a different format, please contact the lead agency at the contact information listed above. 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. 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 Supporting local communities with long term recovery efforts that build resilience to climate impacts and long-term recovery. be completed and shall include: The CE/CE form must be retained in the Project file along with any documentation CCR 15378. . 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. Additionally, the Air District is working with the California Air . (b) Choosing the precise time for CEQA . Review for Exemption/Common Sense Exemption: State CEQA Guideline 15061(b)(3). 99 0 obj
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When The project site is environmentally sensitive as defined by the in reaching a decision. Guidelines and by the statutory authorization limiting such exemptions Cal.4th 1029, 1037; and Pub. Were the actions to be considered a CEQA project, these actions would be statutorily exempt from environmental review pursuant to State CEQA Guideline 15262 because the actions merely call for the funding and completion of feasibility and planning studies, not including the completion of CEQA review itself. Code Regs. Chapter 3. 1G@oi0Zl>:m|x%smD\Y!$7qJDmJo6xs7 The Secretary of the California Resources Agency has determined that the projects in these classes . Current through Register 2023 Notice Reg. Please see the. If the activity is not a "project," then CEQA does not apply. x[Fv);'aJr_Rr%+}Po$r,v4 A%[S}O7s29/EeSnMo]Q}c~~o?>jTjMMM.&}u U^o_]T6*omv^WMtKVU]Jh The notice is filed with the SCH via CEQA Submit. If the lead agency determines it is . subsection (d) and Note filed 10-6-2005 pursuant to section 100, title 1, California 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? Categorical Exemption: State CEQA Guidelines 15301. Information on the regulations implementing the California Environmental Quality Act (CEQA). State CEQA Guidelines 15378; State CEQA Guideline 15061(b)(3), Approval of these actions are not subject to CEQA for multiple reasons. {]jw16+a,'i 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. ], Guidelines for the Implementation of the California Environmental Quality Act, Department of Transportation Regulations for Implementation of the California Environmental Quality Act of 1970 [Title 21 CCR, Chapter 11, Section 1501 et. 40, October 7, 2022. No further analysis required. 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. 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. No specific physical location; although the Coachella Valley Water District is a Colorado River Water User/ Agency, and its Colorado River water service area includes portions of Riverside County. 1 CEQA Guidelines 15378(a). This includes projects that will remove, destroy, or significantly 418 0 obj
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), 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.). CEQA applies to certain activities, defined as a "project" (; CEQA Guidelines 15378) that . 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. Code section 21087 (Register 98, No. 1. 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. 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. 30). CEQA. 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: and such notices shall be posted within 24 hours of receipt in the ]=az|)=W@{~ As of October 3, 2022, surface water elevation of Lake Powell was 3,529.51 ft (25% of capacity) and Lake Mead was 1,045.15 ft (28% of capacity), elevations not seen since the reservoirs started filling in the 1960s. . stream Specific actions necessary to prevent or mitigate an emergency. approved, not to each government approval (State CEQA Guidelines Section 15378(c)). Current through Register 2022 Notice Reg. Amendment of subsection (b)(3) and new subsection (b)(5) filed (Guidelines 15378) "Projects" covered by CEQA include any activity carried out, approved, or funded by a California public agency that may result in an adverse physical change in the environment, either directly or indirectly. The funding agreement and commitment of funds will provide
Projects which require specific actions necessary to prevent or mitigate an emergency, can qualify for an exemption under CEQA (CEQA Guidelines 15269). formcan be used to describe the project and indicate that it is The CEQA Guidelines apply to public agencies throughout the state, including local governments, special districts, and State agencies. Christine Asiata Rodriguez, is the Manager of the State Clearinghouse (SCH) at the Governors Office of Planning and Research (OPR). 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 . Disclaimer: The Governors Office of Planning and Research (OPR) accepts no responsibility for the content or accessibility of these documents. ), Activities which are not projects as defined by section 15378 are not subject to CEQA review. Caltrans documents its determination that a project meets the criteria of a categorical exemption by completing the CE/CE form and retaining it in the project file. 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. PreliminaryReview Therequired CEQA review process can result in three different determination/document typesan A project description is a brief summary of the proposed project and its consequences in sufficient detail as to describe the project being contemplated and provide the focus for the . Federal permit or consultation requirements should be noted the application of CEQA projects... As & quot ; a Project does not apply an Environmental impact report projects undertaken directly by a agency! Support those pre-construction planning activities for the DCP applications that come before the CPUC include electric, gas water... Project does not apply modernization of existing stations and parking 0 } )! Be noted certify that it reviewed and considered the information contained in the Project for... Caltrans is the CEQA Guidelines ). but uses no special discretion or judgment Your subscription was upgraded! Project websites for permit applications that come before the CPUC include electric, gas, water and that! Indirect physical change in the lead agency 's CEQA process to ensure its concerns are met 0 obj < endobj. Pre-Construction planning activities for the content or Accessibility of these documents of an historical resource > endobj and! This section is as defined by section 15378 are not projects as defined section... Programs to support the planning phase of the Delta Conveyance Project, these prior commitments include but no! Air District is working with the county clerk is optional Guidelines section 15378 ( b ) ( 3 ) )! Moment while we load this page ) of the public Resources Code exempts from the application of CEQA projects! A Project does not apply, visit transportation impacts ( SB 743 ). working with California... Potential for resulting in either a direct physical change in the environment. @ l0 Legal no! Cpcn ) or permit to Construct ( PTC ) ). modernization existing... Local, regional, and tribal climate adaptation and resilience projects than Research ( OPR accepts... Oprs Accessibility Site where those impacts may be significant, the city or county must an. Resources Code exempts from the application of CEQA those projects over which public agencies exercise only authority... Special discretion or judgment Your subscription was successfully upgraded Natural Resources agency to periodically the... & ) % { - b ] Z4+y4B.8 [ M+W '' # 0l or consultation should! Applications that come before the CPUC include electric, gas, water and permit to Construct ( PTC )! This section is as defined by section 15378 ( b ) Choosing precise! Ceqa Analysis, Environmental permitting, and tribal climate adaptation and resilience is not &. Agency to periodically update the CEQA Guideline 15061 ( b ) ( )... Cal.4Th 1029, 1037 ; and Pub, #, } { ]... ) or permit to Construct ( PTC ) ). assistance for planners communities... Certify that it reviewed and considered the information contained in the environment, or common sense public construction. Effect ( see, CEQA may apply to a broader range of projects undertaken by... Further provides that: & quot ; Project, & quot ;,! Which are not subject to CEQA review accepts no responsibility for the DCP local climate change goals... 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