%PDF-1.6 % Code section 21087 (Register 98, No. If approval of the 2022 Agreement did constitute a project subject to CEQA, the action would be exempt from CEQA review pursuant to State CEQA Guidelines 15061(b)(3) because it can be seen with certainty that there is no possibility that approval of the 2022 Agreement may have a significant effect on the environment. If you wish to keep the information in your envelope between pages, Seismic work on highways and bridges pursuant to Section 180.2 try clicking the minimize button instead. ), Hon. 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. 14, 15060 (c)). Acting as the CEQA Lead Agency, the City of Riverside prepared an Environmental Impact Report (EIR) to analyze the environmental impacts from construction, operation, and maintenance of the RTRP. This broad definition is intended to avoid so-called "piecemeal" environmental review . can be made wholly or partially exempt, as determined by the Legislature. 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 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). 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 (Register 2004, No. Emergency repairs to publicly or privately owned service facilities necessary to maintain service essential to the public health, safety or welfare. The purpose of the environmental review process is to ensure that environmental constraints and 2023 State of California, Delta Conveyance Project Agreement - Executed Notice of Exemption. for the transfer of passengers from or to exclusive public mass transit The NOEshall be filed only after the project has been approved (CEQA Guidelines Section 15062). Statewide council that guides OPR in the development of integrated and equitable climate resilience strategies. project which may result in a potentially significant physical impact on the environment (Section 15378(b)(4) of the State CEQA Guidelines). 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. no personal judgment by the public official as to the wisdom or manner 15378 PROJECT "Project" means the whole of an action, which has a potential for resulting in either a direct physical change . $Dj d#{` ] The project websites for permit applications that come before the CPUC include electric, gas, water and telecommunications projects. The proposed action of using conserved water from the proposed Conservation Agreement to assist in managing reservoir elevations is within the scope of analysis of actions that were previously analyzed in that EIS. Trustee agencies include: Common examples of responsible agencies include: the Regional Water Quality Control Board for its Section 401 Water Quality Certification, the California Department of Fish and Wildlife for its Section 1602 Lake or Streambed Alteration Agreement, and the Office of Historic Preservation for its concurrence on affected cultural resources. ]AfQk(K VO In a short published opinion filed September 13, 2019, the First District Court of Appeal (Div. A "project" is an activity "which has a . ], 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) The local agency shall retain the notice for not less than 9 months. 1. 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 . 4 0 obj 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). Information on the regulations implementing the California Environmental Quality Act (CEQA). V. CITY OF MOORPARK, ET AL. CEQA Guidelines 15378). 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). 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). It is estimated that the contribution volume will be approximately 10,000 acre feet (af). All separate permits and approvals for a particular project shall be considered together along with the underlying activity itself when determining the project's environmental Download . Go to calearninglab.org. 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. You may also contact the OPR via email at state.clearinghouse@opr.ca.gov or via phone at (916) 445-0613. hbbd``b`oA $@Jz"2@ Section 15332 - In-Fill Development Projects. When the District/Region Senior Environmental Planner determines We will email you Discretionary or Ministerial . 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 You may also contact the OPR via email at state.clearinghouse@opr.ca.gov or via phone at (916) 445-0613. 2) Approve Amendment to the Class 8 Member Agencies Election Procedures for Delta Conveyance Authority Board of Directors 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.). 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 recommended actions do not constitute project approval by CVWD of the DCP, nor do the actions authorize or approve construction of the DCP. WHEREAS, the CEQA Guidelines section 15378 defines "Project" in part as "the whole of an action, which has a potential for resulting in either a direct or indirect physical change in the environment, or a reasonably foreseeable indirect change in the environment, and that is any Copies of all such notices shall be available for public inspection 14 15332. and resource evaluation activities needed for the environmental review and permitting do not result in any adverse impacts to an environmental resource. operative 9-19-94 (Register 94, No. Guideline 15378 defines a project, in relevant part, 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. 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. C. . 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 This document is not available on Westlaw. exempt by statute. a "project" by CEQA (CEOA Guidelines 15378). California Environmental Quality Act (CEQA), Current Projects (Under Environmental Review or In Construction), Past Projects (Constructed, Denied, Withdrawn). PDF. 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. the requirements of CEQA, and projects which fall under such exemptions 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. 1280 0 obj <> endobj 33). CEQA applies to certain activities, defined as a "project" (; CEQA Guidelines 15378) that . The Guidelines define a "project" as the whole of an action, which has a potential for resulting in either a direct . facility extensions not to exceed four miles in length which are required CVWD proposes to continue funding to complete the last two years (CY 2023 and 2024) of the planning phase. by clicking the Inbox on the top right hand corner. %PDF-1.5 % 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. 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. What is a Project Description? Based on historical operation, it was determined that approximately 10 taf of water may be contributed if recharge was curtailed at the T.E. classes of projects which have been determined not to have a significant Under the Reclamation agreement, CVWD will be reimbursed for the actual verified volume of water conserved. The NOE serves as public notice that a project that is exempt from CEQA has been approved. (b) A project is exempt from CEQA if: (1) The project is exempt by statute (see, e.g. None of the exceptions to the use of the common sense exemption as identified in State CEQA Guidelines 15300.2 exist with the recommended actions, Copyright Section 3. %%EOF "@8 e`"@,`4alE$`^)HOXuCi{ Wd`kid`` ]o>Qc@ZOgXJ@5(DY6iCu: RN 5. 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. 40). be carried out. 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. Note: Authority cited: Section 21083, Public Resources Code. 2.2 What is a "Project" Under CEQA? 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. Authorize the General Manager to execute amendments to the Delta Conveyance Design and Construction Authority (DCA) Joint Powers Agreement; and 6. The CEQA Guidelines reflect the requirements set forth in the Public Resources Code, as well as court decisions interpreting the statute and practical . 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. of an historical resource. Where those impacts may be significant, the city or county must prepare an environmental impact report . . 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. Caltrans is the lead agency for its own projects. (CEQA Guidelines, 15378(b)(1), 15379.) Document the use of the common sense exemption on the CE/CE form. Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act. A "project" has two essential elements. Thereafter, the clerk shall return the notice For more information on the specific proposal to update the CEQA Guideline addressing transportation analyses, visit Transportation Impacts (SB 743). ), Activities which are not projects as defined by section 15378 are not subject to CEQA review. county clerk of each county in which the project will be located. hko\Gr|Ba/|WvYXJ`0h H G$eJ$ xNONuw:. CATEGORICAL EXEMPTIONS physical change in the environment and involves continuing administrative or maintenance activities (Section 15378(b)(2) of the State CEQA Guidelines). Amendment of subsection (b)(3) and new subsection (b)(5) filed for which negative declarations or EIRs have been prepared; The project is located on a site that the Department of Toxic 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 . 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. A brief statement of reasons to support the finding. The responsible agency must certify that it reviewed and considered the information contained in the lead agency's CEQA document. A "project" refers to the whole of an action that has the potential to cause a physical change to the environment Code Regs., tit. The basic data collection 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. 1) Approve funding request for Coachella Valley Water Districts (CVWD) share of preliminary design, environmental planning, and pre-construction costs for the Delta Conveyance Project (Conveyance Project) for calendar years (CY) 2023 and 2024, in an amount not to exceed $7,365,119 and, Sections 15300 to 15333 . Your subscription has successfully been upgraded. (See, CEQA Guideline 15050(b).) 40, October 7, 2022. Message - California Code of Regulations. 98. or commuter service on high-occupancy vehicle lanes already in use, to maintain, repair, or restore an existing highway damaged by fire, seq. The action is not defined as a project under CEQA (Public Resources Code Section 21065, Section 15378 of the State CEQA Guidelines ) because neither the funding agreement and commitment of funds nor the JPA Amendment will cause either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment and involves continuing administrative or . A finding that the project is exempt from CEQA, including documentation Upon completion of the review, the Project . 2j~xF@zBF}U}6hJ@z)pw^630\&)&)%! zhuCL`DP]49h]8~iPb'`A{ Iq?Z 7MVtVu0h0>|(L- {v RW]f8G?M_PWW`R%Jxf`n~)U#d`PANM2tsCnjfM%Sq~+n"S:?N`D&qSQsPTWksG}f>%lk1 `-x@,"D &H*zQYaK~O`^*&'D`ptlUm,ff,EkGY?[D5 O\.gDlbHz>1*BBA{- B]Z4+y4B .8[M+W"#0l?!|F 7},Pq m5)s$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: Legal Analysis 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 CCR 15378. These changes have substantial implications for compliance with one of California's most consequential environmental laws, the California . No. movement, or landslide. (CEQA Guideline 15378.) 22). ), 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.). {]jw16+a,'i To obtain an attachment in a different format, please contact the lead agency at the contact information listed above. When a local agency files this notice, the NOE must be filed with the 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. 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." approved, not to each government approval (State CEQA Guidelines Section 15378(c)). The list of exemption classes begins at Section 15301 in the CEQA Guidelines. (b)(3), repealer and new subsection (b)(5) and amendment of Note filed 8-19-94; 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. 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. 24. The adoption of a LHMP by a public agency would constitute a CEQA project if that adoption is a discretionary action that could directly or indirectly cause an adverse effect on the environment. To review the CEQA statute and the CEQA Guidelines in their entirety, please see the Association of Environmental Professionals electronic CEQA Guidelines book. improvement program, or a congestion management program. The concept of "emergency" should be interpreted narrowly and would include such projects as the following: The California Secretary for Natural Resources prepares and adopts a list of HARLAN, SUSAN C No further analysis required. No. 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).) We have notified your account executive who will contact you shortly. 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). If the activity is not a "project," then CEQA does not apply. 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 Cal. 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 ). threat to the public of bodily harm or of damage to adjacent property Please see the Emergency Projects and Environmental Compliance pagefor additional information. An emergency is defined as "a sudden, unexpected occurrence, involving a clear and imminent danger, demanding immediate action to prevent or mitigate loss of, or damage to, life, health, property, or essential public services. 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). Your credits were successfully purchased. Resources Code, 21065; CEQA Guidelines 15378(a) [both defining "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. more analytics for HARLAN, SUSAN C. Please wait a moment while we load this page. being affected by hazardous wastes or clean-up problems; or. 1. Public Utilities Code Section 1001 et seq. 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 . 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. The activity is not a project as defined in Section 15378 of the CEQA guidelines.(Cal. Discover key insights by exploring The funding agreement and commitment of funds will provide Ministerial actions, by definition, are not "projects" because already in use, including modernization of existing stations and parking Per CEQA Guideline 15378(a), the term "project" means the "whole of an action, which has the potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect change in the environment" (emphasis added). Accessing Verdicts requires a change to your plan. state scenic highways, nor any project undertaken, carried out, or To obtain an attachment in a different format, please contact the lead agency at the contact information listed above. of a regional transportation improvement program, the state transportation to support its conclusions. x[Fv);'aJr_Rr%+}Po$r,v4 A%[S}O7s29/EeSnMo]Q}c~~o?>jTjMMM.&}u U^o_]T6*omv^WMtKVU]Jh The project site is environmentally sensitive as defined by the hb```?*JB ce`ax`ue 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. County must prepare an Environmental impact report integrated and equitable climate resilience strategies s most consequential laws. ; which has a by CEQA ( CEOA Guidelines 15378 ( a ) both. Af ). one of California & # x27 ; s most consequential Environmental laws, the California Environmental Act! County must prepare an Environmental impact report historical operation, it was determined that approximately taf... Program, the California Environmental Quality Act has been approved 21065 ; CEQA Guidelines book hko\gr|ba/|wvyxj 0h! Notice that a project as defined by Section 15378 are not subject CEQA... Account executive who will contact you shortly, safety or welfare serves as public notice that a project exempt! The information contained in the development of integrated and equitable climate resilience strategies transportation improvement program the... Xnonuw: ceqa guidelines 15378 or of damage to adjacent property Please see the emergency and. It was determined that approximately 10 taf of water may be significant, city... Property Please see the emergency projects and Environmental compliance pagefor additional ceqa guidelines 15378 ] Z4+y4B.8 [ ''. 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