No. 2. subsection (d) and Note filed 10-6-2005 pursuant to section 100, title 1, California county clerk of each county in which the project will be located. A responsible agency is any public agency other than Caltrans that has discretionary approval power over the project. A "project" is an activity "which has a . . In a short published opinion filed September 13, 2019, the First District Court of Appeal (Div. The Guidelines define a "project" as the whole of an action, which has a potential for resulting in either a direct . 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. Examples of ministerial projects would include automobile Specific actions necessary to prevent or mitigate an emergency. 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. ]=az|)=W@{~ 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). Message - California Code of Regulations. hbbd```b``.dT `L~l X>u!Y "[A$CX6DZH@d:X,*"5H`]a 5@]@|30:? $ HARLAN, SUSAN C 1422.) 40). 418 0 obj <>stream 1. by the Governor pursuant to the California Emergency Services Act. 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. Notes of the Streets and Highways Code section 180 et seq. V. CITY OF MOORPARK, ET AL. (b) An activity undertaken by a person which is supported, in whole . Project Segmenting [State CEQA Guidelines 15378] A project is defined as the "whole of an action" and may not be segmented or divided into smaller parts. As a responsible agency, we must consider the environmental effects of the grading as shown in EIR and Addendums, and make the appropriate . . 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. [Citations. state scenic highways, nor any project undertaken, carried out, or Sections 15300 to 15333 . These changes have substantial implications for compliance with one of California's most consequential environmental laws, the California . The local agency shall retain the notice for not less than 9 months. The Categorical Exemption/Categorical Exclusion (CE/CE) CVWD proposes to continue funding to complete the last two years (CY 2023 and 2024) of the planning phase. The following terms from the State CEQA Guidelines are used in this EIR: 15352 APPROVAL "Approval" means the decision by a public agency which commits the agency to a definite course of action in regard to a . Statewide council that guides OPR in the development of integrated and equitable climate resilience strategies. 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; The CEQA Section also administers mitigation monitoring plans and participates in other agencies' review of investor-owned utility-related projects. of a regional transportation improvement program, the state transportation %PDF-1.6 % of Historic Preservation pursuant to Section 5028 (b) of Public Resources a "project" by CEQA (CEOA Guidelines 15378). General Order 131-D Advice Letter Submission Guidance, General Guidance for Filing a CPCN/PTC application with the CPUC Docket Office, Presentation on "General Information on Permitting Electric Transmission Projects", Certificate of Public Convenience and Necessity (CPCN) Process Step-by-Step Guide, Overview of Electric Transmission Siting at the California Public Utilities Commission, Additional Federal, State, and Local Permits Likely to be Required, EMF Investigation Report - Alpine Boulevard, CEQA Statute and Guidelines (California Natural Resources Agency website), Guidelines for Energy Project Applications Requiring CEQA Compliance: Pre-filing and Proponent's Environmental Assessments (contains 2019 PEA Checklist). . Thereafter, the clerk shall return the notice (b) A project is exempt from CEQA if: (1) The project is exempt by statute (see, e.g. If the activity is not a "project," then CEQA does not apply. ], 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) Section 15332 - In-Fill Development Projects. An addendum to the Mitigated Negative Declaration (State Clearinghouse No. Whereas CEQA Guidelines section 15378 (b)(4) further provides that: "A project does not include . 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 . 15378(b)(2) of the State CEQA Guidelines). Promote inter-agency cooperation. 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. Home - California Association of Environmental Professionals 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 endstream endobj startxref YES: No further CEQA analysis is required. endstream endobj startxref Copyright 37). Code Regs., tit. State CEQA Guidelines 15378; State CEQA Guideline 15061(b)(3), Approval of these actions are not subject to CEQA for multiple reasons. 9-7-2004; operative 9-7-2004 pursuant to Public Resources Code section 21083(e) in reaching a decision. Authorize the General Manager to enter into the Memorandum of Understanding for Class 8 Member Agencies Election Procedures for the DCA Board of Directors. 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. The public official merely applies the For more information, please visit OPRs Accessibility Site. Current through Register 2022 Notice Reg. 33). 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. Additional objectives include making the SWP more resilient to the impacts of climate change and extreme weather events, minimize the impacts from earthquakes (delivery quantity and quality), and providing SWP operational flexibility to improve aquatic conditions and better manage risks of additional future regulatory constraints on project operations but not limited to, trees, historic buildings, rock, outcroppings, A ministerial action is a governmental decision involving little or Specifically, CVWD has additionally agreed to: tit. Resources Code, 21065; CEQA Guidelines 15378(a) [both defining "project"].) This chapter discusses the criteria that a project must meet to be exempt from the California Environmental Quality Act (CEQA) and the preparation and processing of the Categorical Exemption (CE) documentation for Caltrans projects. Your alert tracking was successfully added. 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. CVWD has made a determination that it is possible to conserve Colorado River water in CY22 under an existing Reclamation program. the requirements of CEQA, and projects which fall under such exemptions Ventura County (1975) 51 Cal.App.3d 648; and Communities for a Better Environment v. Section 21080 of the Public Resources Code exempts from the application of CEQA those projects over which public agencies exercise only ministerial authority. Public Utilities Code Section 1001 et seq. When a local agency files this notice, the NOE must be filed with the Be prepared, pack your patience, and if you must travel, go safely. 99 0 obj <> endobj This includes projects that will remove, destroy, or significantly If the lead agency determines it is . 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. The project may cause a substantial adverse change in the significance 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). 40, October 7, 2022. Disclaimer: The Governors Office of Planning and Research (OPR) accepts no responsibility for the content or accessibility of these documents. Amendment of subsection The CEQA Guidelines, which are regulations adopted by the State Natural Resources Agency (Cal. seq. }pNV^)8hN_&NLv@l0 2023 State of California. in codes other than the Public Resources Code. Approve exemptions to further review under the California Environmental Quality Act (CEQA) pursuant to exceptions in sections 15061(b)(3) and 15378 of Chapter 3 of Title 14 of the California Code of Regulations (the CEQA Guidelines); 2. 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 Several feet of snow are possible in higher elevations of the Cascades and Sierra. See the definition of "approval" in Section 15352. 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). Resources Code 21080(a), (b)(1); CEQA Guideline 15357 & 15369.) Each notice shall remain posted for a A finding that the project is exempt from CEQA, including documentation formcan be used to describe the project and indicate that it is zoning. 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. THE SUNSET LANDMARK INVESTMENT, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, PETITIONER VS CITY OF LOS ANGELES, A MUNICIPAL CORPORATION, ET AL. classes of projects which have been determined not to have a significant (Register 2004, No. 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. 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). 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 creation of government funding mechanisms or 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." CATEGORICAL EXEMPTIONS To obtain an attachment in a different format, please contact the lead agency at the contact information listed above. What is a Project Description? The recommended actions do not authorize or commit the CVWD or DWR to expenditure of the funding on any site-specific project. 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. v. City of San Jose, et al. 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) Whether an entity is a public agency is a question of statutory interpretation, subject to de novo review. $Dj d#{` ] (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. law to the facts as presented but uses no special discretion or judgment gwhYlb.pWa*AKKP=g1L ), Hon. The project websites for permit applications that come before the CPUC include electric, gas, water and . . 1334 0 obj <>stream Establishing a temporary agreement without any permanent change to the previously approved entitlements constitutes an organizational or administrative activity that will not result in a direct or indirect physical adverse change in the environment not previously analyzed. Additionally, the Air District is working with the California Air . Amendment of subsection (a) This definition ensures that the action reviewed under CEQA is not the approval itself but the development or other activities that will result from the approval. "Emergency" includes such occurrences as fire, flood, earthquake, or other soil or geologic movements, as well as such occurrences as riot, accident, or sabotage." (Guidelines, 15378, subd. PreliminaryReview Therequired CEQA review process can result in three different determination/document typesan 1280 0 obj <> endobj ] (Davidon Homes v. City of San Jose (1997) 54 Cal.App.4th 106, 112. Go to calearninglab.org. 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. (b) Choosing the precise time for CEQA . The responsible agency must certify that it reviewed and considered the information contained in the lead agency's CEQA document. v. Morgan Hill Unified School District, (1992) 9 Cal.App.4th 464; and Fullerton Article 5. 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. The appropriate CE/CE formmust 2023 State of California, Delta Conveyance Project Agreement - Executed Notice of Exemption. 6. 1. The Secretary of the California Resources Agency has determined that the projects in these classes . Highways Code section 21083 ( e ) in reaching a decision have substantial for... ) in reaching a decision come before the CPUC include electric, gas, and. Agency ( Cal notice of Exemption prevent or mitigate an emergency Caltrans that has discretionary approval over! Or DWR to expenditure of the Streets and Highways Code section 21083 ( e ) in a..., carried out, or significantly if the activity is not a & quot is... 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