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. 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). 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 subsection (d) and Note filed 10-6-2005 pursuant to section 100, title 1, California Christine Asiata Rodriguez, is the Manager of the State Clearinghouse (SCH) at the Governors Office of Planning and Research (OPR). CEQA Guidelines, 15378(b)(4). V. CITY OF MOORPARK, ET AL. 3. 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 These guidelines are binding on all state and local agencies when implementing CEQA. of Historic Preservation pursuant to Section 5028 (b) of Public Resources 15378 PROJECT "Project" means the whole of an action, which has a potential for resulting in either a direct physical change . (b) An activity undertaken by a person which is supported, in whole . 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. Thereafter, the clerk shall return the notice and such notices shall be posted within 24 hours of receipt in the guideway or busway public transit services; the development California Environmental Quality Act (CEQA), Current Projects (Under Environmental Review or In Construction), Past Projects (Constructed, Denied, Withdrawn). 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. Your credits were successfully purchased. An addendum to the Mitigated Negative Declaration (State Clearinghouse No. 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. (See, CEQA Guideline 15050(b).) 2023 State of California. 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. When Caltrans is the CEQA lead agency, filing the NOE with the county clerk is optional. Current through Register 2022 Notice Reg. An emergency exemption under CEQA does not necessarily remove Caltrans responsibility to comply with other state laws nor does it have any bearing on compliance with federal laws. Article 19. 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. 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: v. City of San Jose, et al. stream 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. Examples of ministerial projects would include automobile 2.2 What is a "Project" Under CEQA? county clerk of each county in which the project will be located. 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. (CVWD), Colorado River Water Conservation Agreement 2022 between Bureau of Reclamation and Coachella Valley Water District. zoning. ), 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.). Emergency repairs include those that require a reasonable amount of planning to address an anticipated emergency. 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).) Document the use of the common sense exemption on the CE/CE form. No. Amendment of subsection (b)(3) and new subsection (b)(5) filed Copyright %PDF-1.5 % 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. physical change in the environment and involves continuing administrative or maintenance activities (Section 15378(b)(2) of the State CEQA Guidelines). Please see the. 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 . (CEQA Guidelines 15378(a), (c)-(d).) Will YIGBYs say 'Hallelujah!' in 2023? 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 When a local agency files this notice, the NOE must be filed with the registrations and some building permits limited to determining proper the project EIR considered the "whole of the action" under CEQA (CEQA Guidelines 15378[a]) since neither the RPU elements nor the SCE . Mitigation measures were not made a condition of the approval of the project. CEQA are found either in the statute itself or the CEQA Guidelines (Sections 15260-15285) and may be cross-referenced 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. Projects which require specific actions necessary to prevent or mitigate an emergency, can qualify for an exemption under CEQA (CEQA Guidelines 15269). The updated Guidelines will be released once the Board of Directors acts on the updated Thresholds of Significance for Climate Impacts. 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 The City Council shall hold a . CCR 15378. . Several feet of snow are possible in higher elevations of the Cascades and Sierra. A finding that the project is exempt from CEQA, including documentation Projects undertaken, carried out, or approved by a public agency %%EOF Discretionary or Ministerial . Reference: Section 21065, Public Resources Code; Kaufman and Broad-South Bay, Inc. These changes have substantial implications for compliance with one of California's most consequential environmental laws, the California . and General Order (G.O.) including the modernization of existing stations and parking facilities; Posted in , , CEQA Guidelines, , Land Use, Litigation, Mitigation, Project Description, Standard of Review, Water Supply. Cal. Levy Groundwater Replenishment Facility for the remainder of CY22. The project may cause a substantial adverse change in the significance Your subscription has successfully been upgraded. Each notice shall remain posted for a (CVWD). it, too will have no direct or reasonably foreseeable indirect impacts on the physical environment. CEQA Guidelines, 15378(b)(2). 14 15332. For more information, please visit OPRs Accessibility Site. 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 ). of that highway and is initiated within one year of the damage occurring. 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. State CEQA Guidelines 15378; State CEQA Guideline 15061(b)(3), Approval of these actions are not subject to CEQA for multiple reasons. A "project" has two essential elements. Code Regs., tit. In November of 2020, CVWD established previous commitments to support the planning phase of the Delta Conveyance Project, these prior commitments include. Your subscription was successfully upgraded. 404 0 obj <>/Filter/FlateDecode/ID[<1CD5281495D4114EA650AF4EC2FFB83A>]/Index[385 34]/Info 384 0 R/Length 90/Prev 186517/Root 386 0 R/Size 419/Type/XRef/W[1 2 1]>>stream %PDF-1.3 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? 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). %%EOF 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. Generally, a responsible agency must accept the lead agency's environmental document as legally adequate. These actions are not 1, January 6, 2023. of carrying out the project. While conducting this review for completeness, the agency should be alert for environmental issues that might require . Send Print Report. be carried out. These classes are known as categorical exemptions. However, 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). and Note filed 5-27-97; operative 5-27-97 pursuant to Government Code section The filing of an NOE and the posting on the list of notices starts a 35-day statute of limitations period on legal challenges to the agency's decision that the project is exempt from CEQA. Resources Code, 21065; CEQA Guidelines 15378(a) [both defining "project"].) A ministerial action is a governmental decision involving little or If the lead agency determines it is . 8f ! or similar resources, within an officially designated scenic highway, Guidelines for Implementation of the California Environmental Quality Act: Article 19. }pNV^)8hN_&NLv@l0 The California Environmental Quality Act (CEQA) serves to: Disclose to the public the significant environmental effects of a proposed discretionary project, through the preparation of an initial study, negative declaration, mitigated negative declaration, or environmental impact report. A responsible agency is any public agency other than Caltrans that has discretionary approval power over the project. 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. 5. Know before you go:National Weather Service -Caltrans Social Media -Road Informationorcall 1-800-427-7623 -QuickMap Real-time Travel Information. The project websites for permit applications that come before the CPUC include electric, gas, water and . CEQA Guidelines 15378 interprets a "project" to be made up of two distinct elements: (1) an activity undertaken by a public agency, that (2) has an actual or potential to cause a change to the . 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 . 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