ceqa guidelines 15378

This program specified that participants would be reimbursed for verified savings. The responsible agency must certify that it reviewed and considered the information contained in the lead agency's CEQA document. 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. 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. Authorize the General Manager to enter into the Memorandum of Understanding for Class 8 Member Agencies Election Procedures for the DCA Board of Directors. No. CEQA. Section 21080 of the Public Resources Code exempts from the application of CEQA those projects over which public agencies exercise only ministerial authority. Emergency repairs include those that require a reasonable amount of planning to address an anticipated emergency. underrun) and will benefit the River system. Tit. Prevent or minimize damage to the environment through . to the local agency with a notation of the period it was posted. . State CEQA Guidelines section 15378. o. In a short published opinion filed September 13, 2019, the First District Court of Appeal (Div. 4. You may also contact the OPR via email at state.clearinghouse@opr.ca.gov or via phone at (916) 445-0613. ]Qov3Ef^R%TAo*h x[QQ @s,a>P0h*]`eUc. _8>/euzZ.I1 rwL8HC#^. 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. Article 18, commencing with Section 15260). Each notice shall remain posted for a Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act. This broad definition is intended to avoid so-called "piecemeal" environmental review . $$bP QD#+:pP9s>d` 5AQI. 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).) 2019, decision in Union of Medical Marijuana Patients, Inc. v. City of San Diego, finding that a San Diego ordinance restricting the location of medical marijuana facilities constituted a "project" for purposes . To obtain an attachment in a different format, please contact the lead agency at the contact information listed above. 2.2 What is a "Project" Under CEQA? Thus, even if the Lead Agency needs to grant more than one approval for a project, only one CEQA document should be prepared. Will YIGBYs say 'Hallelujah!' in 2023? Amendment of subsection A finding that the project is exempt from CEQA, including documentation Projects that the Legislature has determined should be exempted from The CEQA Section also administers mitigation monitoring plans and participates in other agencies' review of investor-owned utility-related projects. stream Statewide council that guides OPR in the development of integrated and equitable climate resilience strategies. Projects to maintain, repair, restore, demolish, or replace property No further analysis required. 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 Next . . Beyond the above, Respondents also rely upon CEQA Guidelines Section 15378 to conclude no CEQA analysis was required for the project. The Act establishes a state policy of sustainability: to "create and maintain conditions under which man and nature can exist in productive harmony to fulfill the social and economic requirements of present and future generations." 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. Code section 21087 (Register 98, No. Note: Authority cited: Section 21083, Public Resources Code. ), Hon. 1. $Dj d#{` ] 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. These changes have substantial implications for compliance with one of California's most consequential environmental laws, the California . or when the project has received a determination by the State Office 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. 0 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. If it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. place will result in cumulative impacts; There are "unusual circumstances" Nor does CEQA apply to the actions of state courts, the state legislature, or the federal government. Categorical Exemptions . or subjective judgments in deciding whether or how the project should project which may result in a potentially significant physical impact on the environment (Section 15378(b)(4) of the State CEQA Guidelines). 40). to maintain, repair, or restore an existing highway damaged by fire, 5 Rainwater and Stephenson: Too Late in the Game Published by GGU Law Digital Commons, 1998. 11343.4(d) (CVWD). 99 0 obj <> endobj The updated Guidelines will be released once the Board of Directors acts on the updated Thresholds of Significance for Climate Impacts. (Register 2004, No. Seismic work on highways and bridges pursuant to Section 180.2 Resources Code 21080(a), (b)(1); CEQA Guideline 15357 & 15369.) Change without regulatory 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. (CEQA Guidelines 15126.2(c), see also Pub. 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. If the lead agency determines it is . 1280 0 obj <> endobj 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). Code of Regulations (Register 2005, No. The actions are exempt under the common sense exemption in State CEQA Guidelines 15061, subdivision (b)(3) because it can be seen with certainty that there is no possibility that the actions may have a significant effect on the environment. 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. The Metropolitan Water District of Southern California will execute a funding 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. 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. 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. 15378 PROJECT "Project" means the whole of an action, which has a potential for resulting in either a direct physical change . The funding agreement and commitment of funds will provide 4. hb```nA^A1A[ d4: 15378 404 GOLDEN GATE UNIVERSITY LAW REVIEW [Vo1.28:399 making,,,25 and "the creation of government funding Specifically, CVWD has additionally agreed to: 2.2 What is a "Project" Under CEQA? Not a project: State CEQA Guidelines 15378(a) and (b)(5). These guidelines are binding on all state and local agencies when implementing CEQA. The project and successive projects of the same type in the same 14, 15000 - 15387). 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. 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 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. (a).) What is a Project Description? Metropolitan's share of those costs, but do not commit Metropolitan to approving the DCP. Copyright Your credits were successfully purchased. in its impact on the environment may in a particularly sensitive 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. Disclose public agency decisions. If the activity is not a "project," then CEQA does not apply. 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. 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? . A project is not a "project" under CEQA if it does not have "a 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. period of 30 days. 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). The California Legislature has the power to create exemptions from Substances Control and the Secretary of the Environmental Protection First, it is an activity that may cause a direct (or Simi Valley Recreation and Park District v. Local Agency Formation Commission of 2023 State of California. 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. office of the county clerk. %%EOF To review the CEQA statute and the CEQA Guidelines in their entirety, please see the Association of Environmental Professionals electronic CEQA Guidelines book. 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 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). 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