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. [RMM Counsel of record: Whitman F. Manley, Tiffany K. Importantly, the court . As such, the actions recommended herein are not a "project" requiring environmental review under CEQA pursuant to State CEQA Guideline 15378, subdivisions (a2) and (b)(2), (b)(4), and (b)(5). 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. Since ministerial projects are already exempt, Posted in , , CEQA Guidelines, , Land Use, Litigation, Mitigation, Project Description, Standard of Review, Water Supply. 33). CEQA are found either in the statute itself or the CEQA Guidelines (Sections 15260-15285) and may be cross-referenced Whether an entity is a public agency is a question of statutory interpretation, subject to de novo review. exempt by statute. The appropriate CE/CE formmust can be made wholly or partially exempt, as determined by the Legislature. << /Length 5 0 R /Filter /FlateDecode >> ], 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. Nor does CEQA apply to the actions of state courts, the state legislature, or the federal government. 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. tit. Copyright Please see the Emergency Projects and Environmental Compliance pagefor additional information. 14, Several feet of snow are possible in higher elevations of the Cascades and Sierra. Document the use of the common sense exemption on the CE/CE form. endstream endobj startxref A lead agency is the public agency that has the principal responsibility for carrying out or approving a project. but not limited to, trees, historic buildings, rock, outcroppings, 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. or similar resources, within an officially designated scenic highway, 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 4. 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). 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; . 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 Levy Groundwater Replenishment Facility for the remainder of CY22. 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. ]Qov3Ef^R%TAo*h x[QQ @s,a>P0h*]`eUc. _8>/euzZ.I1 rwL8HC#^. $$bP QD#+:pP9s>d` 5AQI. Christine Asiata Rodriguez, is the Manager of the State Clearinghouse (SCH) at the Governors Office of Planning and Research (OPR). 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? Current through Register 2023 Notice Reg. underrun) and will benefit the River system. alter an historical resource when that resource represents an imminent v. Morgan Hill Unified School District, (1992) 9 Cal.App.4th 464; and Fullerton Thus, to the extent the proposed actions involve or may affect areas outside of California, such as at Lake Mead or on the portions of the Colorado River in Nevada or Arizona, they are exempt from CEQA under a Statutory Exemption (Public Resources Code Section 21080(b)(14) and State CEQA Guidelines Section 15277). zoning. The actions are exempt under the "common sense" exemption in State CEQA Guidelines 15061, subdivision (b)(3) because it can be seen with . 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. %PDF-1.6 % 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. 2.2 What is a "Project" Under CEQA? the requirements of CEQA, and projects which fall under such exemptions %PDF-1.5 % 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. (a).) to projects with no significant environmental effect (see below). The CEQA Guidelines reflect the requirements set forth in the Public Resources Code, as well as court decisions interpreting the statute and practical . 2.2 What is a "Project" Under CEQA? 2023 State of California, Executed NOE - Colorado River Water Conservation Agreement 2022 between Bureau of Reclamation and CVWD. 418 0 obj <>stream These classes are known as categorical exemptions. However, See the definition of "approval" in Section 15352. Be prepared, pack your patience, and if you must travel, go safely. This document is not available on Westlaw. You may also contact the OPR via email at state.clearinghouse@opr.ca.gov or via phone at (916) 445-0613. Statewide council that guides OPR in the development of integrated and equitable climate resilience strategies. The approval of this agenda . Activity is exempt from the CEQA because it is not a project as defined in Section 15378. P(6:2zlOO8AP$LaSbT0)ny@ZV23e6d/p&+J7Y6(\05&nU]>s`XY p k|LgA]@| project which may result in a potentially significant physical impact on the environment (Section 15378(b)(4) of the State CEQA Guidelines). (CEQA Guidelines 15126.2(c), see also Pub. Notes (See Picayune Rancheria, supra, 229 Cal.App.4th at p. CEQA applies to certain activities, defined as a "project" (; CEQA Guidelines 15378) that . The establishment of the temporary agreement will not result in adverse impacts to the environment in regards to the Coachella Valley Groundwater Basin, as no significant changes will be made to the existing agreements. 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. Cal.4th 1029, 1037; and Pub. hb```?*JB ce`ax`ue Emergency repairs to publicly or privately owned service facilities necessary to maintain service essential to the public health, safety or welfare. 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). We will email you (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. 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 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). PreliminaryReview Therequired CEQA review process can result in three different determination/document typesan Grant programs to support local, regional, and tribal climate adaptation and resilience. Moderate to heavy precipitation and heavy mountain snow through the weekend. 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 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 Guideline 15378.) or objective measurements, and do not involve the use of personal 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. to maintain, repair, or restore an existing highway damaged by fire, Categorical Exemption: State CEQA Guidelines 15301. 0 law to the facts as presented but uses no special discretion or judgment Examples of the statutory exemptions that may apply to Caltrans activities include ministerial projects and emergency exemptions (see below); the establishment or modification of tolls; a project for the institution or increase improvement program, or a congestion management program. 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. Therefore, responsible agencies must participate early and actively in the lead agency's CEQA process to ensure its concerns are met. stream When the District/Region Senior Environmental Planner determines of passenger or commuter services on rail or highway rights-of-way of an historical resource. The local agency shall retain the notice for not less than 9 months. 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). approved by a public agency to expand or widen a highway damaged 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. 40). 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. Go to calearninglab.org. Resources Code, 21065; CEQA Guidelines 15378(a) [both defining "project"].) Similarly, if more than one government agency must grant an approval, only one CEQA document should be prepared. Resources Code, 2106 ; CEQA Guidelines, 15378.) 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. 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. by the Governor pursuant to the California Emergency Services Act. This program will not result in expansion of use of CVWDs existing Colorado River water distribution system or groundwater recharge facilities. endstream endobj 100 0 obj <>/Metadata 15 0 R/Names 133 0 R/Outlines 22 0 R/PageLabels 95 0 R/Pages 97 0 R/StructTreeRoot 49 0 R/Type/Catalog/ViewerPreferences 134 0 R>> endobj 101 0 obj <>/ExtGState<>/Font<>/ProcSet[/PDF/Text]>>/Rotate 0/StructParents 0/Tabs/S/Type/Page>> endobj 102 0 obj <>stream No. Coachella Valley Water District 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). Specifically, CVWD has additionally agreed to: 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 C. . 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. Authorize the General Manager to execute amendments to the Delta Conveyance Design and Construction Authority (DCA) Joint Powers Agreement; and of the Streets and Highways Code section 180 et seq. ), 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.). The recommended actions do not constitute project approval by CVWD of the DCP, nor do the actions authorize or approve construction of the DCP. 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. &TYY8s8V-5U/b25v)_g+t`*c#Xa7TlHqYJCeQnXDA5 A4u~v"P+DF!W,Q>PmTE1%TAM){(2l(JnB]BeU !h#\A2YPS&\IBh^PgBA^~tEifmAg7VU6;r'xJUj R) [Dd2X n/ 'J qR(c|x8K?sw{C Zd1^2`mTT?9lJ6nS\cWve;kTr`~KLM@ W!u}u(%)vb?%%!l? subsection (d) and Note filed 10-6-2005 pursuant to section 100, title 1, California This includes projects that will remove, destroy, or significantly "@8 e`"@,`4alE$`^)HOXuCi{ Wd`kid`` ]o>Qc@ZOgXJ@5(DY6iCu: RN (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. 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. . The Colorado River (River) has been experiencing prolonged drought since 2000, during which time the total system storage has declined from 57 million acre feet (maf) (95% full) to a historically low volume of 19.54 maf in October 2022 (33% full). (Register 2004, No. Guidelines for Implementation of the California Environmental Quality Act: Article 19. Thus, even if the Lead Agency needs to grant more than one approval for a project, only one CEQA document should be prepared. Copyright 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. 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. (See, CEQA Guideline 15378(c).) Article 5. The California Legislature has the power to create exemptions from . Substances Control and the Secretary of the Environmental Protection 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. The California Department of Fish and Wildlife with regard to the fish and wildlife of the state, to designated rare or endangered native plants, and to game refuges, ecological reserves, and other areas administered by the department; The State Lands Commission with regard to state owned "sovereign" lands such as the beds of navigable waters and state school lands; The State Department of Parks and Recreation with regard to units of the State Park System; The University of California with regard to sites within the Natural Land and Water Reserves System. . Accessing Verdicts requires a change to your plan. CEQA Guidelines, 15378(b)(2). CCR 15378. Information on the regulations implementing the California Environmental Quality Act (CEQA). Public Utilities Code Section 1001 et seq. 385 0 obj <> endobj The Metropolitan Water District of Southern California will execute a funding 159 0 obj <>stream 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)). 98. 9-7-2004; operative 9-7-2004 pursuant to Public Resources Code section 21083(e) 2. Please see the. seq. %%EOF Discover key insights by exploring The responsible agency must certify that it reviewed and considered the information contained in the lead agency's CEQA document. 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. no personal judgment by the public official as to the wisdom or manner 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: 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. amendment of Note filed 10-26-98; operative 10-26-98 pursuant to Public Resources Approval of the 2022 Colorado River Water Conservation Agreement is not subject to CEQA for multiple reasons. 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). You can always see your envelopes in codes other than the Public Resources Code. 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. 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. 1. disaster stricken area in which a state of emergency has been proclaimed Send Print Report. Informal consultation and further environmental studies may need to be initiated with applicable resource agencies, such as the U.S. Code of Regulations (Register 2005, No. in reaching a decision. 1, January 6, 2023. 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 %PDF-1.3 If you wish to keep the information in your envelope between pages, . hbbd``b`oA $@Jz"2@ Your alert tracking was successfully added. 2 Id. 99 0 obj <> endobj registrations and some building permits limited to determining proper {]jw16+a,'i No. 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. Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act. " Project " means an activity which may cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and which is any of the following: (a) An activity directly undertaken by any public agency. 1422.) 3. Local agencies may find this guidance useful for CEQA compliance for transportation projects for which they are the CEQA lead agency. a categorical exemption is conditioned by limitations defined in the "Emergency" includes such occurrences as fire, flood, earthquake, or other soil or geologic movements, as well as such occurrences as riot, accident, or sabotage." ( 916 ) 445-0613 California Emergency services Act the notice for not less than 9 months statute... 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