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 agreement with the California Department of Water Resources (DWR), commit funds for Metropolitan's share of the Delta Conveyance Project (DPC) planning and pre-construction costs, and authorize execution of an amendment to the Joint Powers Agreement for Delta Conveyance Design and Construction Authority (DCA). Projects that the Legislature has determined should be exempted from 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 registrations and some building permits limited to determining proper Reference: Section 21065, Public Resources Code; Kaufman and Broad-South Bay, Inc. Whereas CEQA Guidelines section 15378 (b)(4) further provides that: "A project does not include . Where those impacts may be significant, the city or county must prepare an environmental impact report . (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. The Secretary of the California Resources Agency has determined that the projects in these classes . 1G@oi0Zl>:m|x%smD\Y!$7qJDmJo6xs7 Approval of the 2022 Colorado River Water Conservation Agreement is not subject to CEQA for multiple reasons. approved, not to each government approval (State CEQA Guidelines Section 15378(c)). A project that is ordinarily insignificant 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 4 0 obj 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. The entire rulemaking package filed with OAL on January 4, 2013, including the final adopted regulations, can be found here: Documents Uploaded During the . 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. Amendment of subsection (b)(3) and new subsection (b)(5) filed Article 5. law to the facts as presented but uses no special discretion or judgment 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." %%EOF The CPUC maintains websites for both current projects and past projects: Investor-owned utilities are required to obtain a permit from the CPUC for construction of certain specified infrastructure listed under Public Utilities Code sections 1001. (CEQA), Auguscik, Robert D. et al vs. Costco Wholesale Corporation, OPPOSITION TO DEFENDANTS' DEMURRER FILED BY RICARDO A MARTINEZ, ALICIA CAB, RICARDO A MARTINEZ ETAL VS THE CITY OF SAN CARLOS, Answer (Unlimited) Answer TO COMPLAINT - Answer (Unlimited), PETER JOSHUA vs. SAN FRANCISQUITO CREEK JOINT POWERS AUTHORITY, A REGION, CITY OF SOUTH PASADENA VS METROPOLITAN TRANSIT AUTHORITY, SAVE 30TH STREET PARKING VS CITY OF SAN DIEGO [E-FILE], CITIZENS FOR POSITIVE GROWTH & PRESERVATION VS. CITY OF SACRAMENTO. when new changes related to " are available. Code Regs., tit. }pNV^)8hN_&NLv@l0 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. of Historic Preservation pursuant to Section 5028 (b) of Public Resources Activity is exempt from the CEQA because it is not a project as defined in Section 15378. for the transfer of passengers from or to exclusive public mass transit or commuter service on high-occupancy vehicle lanes already in use, 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 Adding your team is easy in the "Manage Company Users" tab. subsection (d) and Note filed 10-6-2005 pursuant to section 100, title 1, California effect repealing subsection (b)(5) and amendingNote filed 7-22-2003 pursuant to The funding agreement and commitment of funds will provide 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. Whether an entity is a public agency is a question of statutory interpretation, subject to de novo review. The responsible agency must certify that it reviewed and considered the information contained in the lead agency's CEQA document. The California Natural Resources Agency, with assistance from OPR, completed a comprehensive update to the CEQA Guidelines in late 2018. 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 (Register 2004, No. 1280 0 obj <> endobj 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. 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. For more information on the various types of project approval documents, please refer to the Project Development Procedures Manual Chapter 12. 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 Beyond the above, Respondents also rely upon CEQA Guidelines Section 15378 to conclude no CEQA analysis was required for the project. First, it is an activity that may cause a direct (or No. (Guidelines, 15378, subd. 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). The Categorical Exemption/Categorical Exclusion (CE/CE) 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. 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. Please see the. Specific actions necessary to prevent or mitigate an emergency. 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 Mitigation measures were not made a condition of the approval of the project. To obtain an attachment in a different format, please contact the lead agency at the contact information listed above. 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). [RMM Counsel of record: Whitman F. Manley, Tiffany K. Importantly, the court . (CEQA Guideline 15378.) (b) An activity undertaken by a person which is supported, in whole . 37). Home - California Association of Environmental Professionals $$bP QD#+:pP9s>d` 5AQI. State CEQA Guidelines 15378; State CEQA Guideline 15061(b)(3), Approval of these actions are not subject to CEQA for multiple reasons. 11343.4(d) 24. threat to the public of bodily harm or of damage to adjacent property alter an historical resource when that resource represents an imminent or when the project has received a determination by the State Office 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). To review the CEQA statute and the CEQA Guidelines in their entirety, please see the Association of Environmental Professionals electronic CEQA Guidelines book. What is a Project Description? In a decision released on August 19, Union of Medical Marijuana Patients, Inc. v. City of San Diego, the California Supreme Court addressed the definition of a "project" under the California Environmental Quality Act ("CEQA") and clarified the appropriate scope of review for when an activity constitutes a "project."As a practical matter, the decision will likely result in fewer . << /Length 5 0 R /Filter /FlateDecode >> Section 3. 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. Resources Code 21100.1, 21000(a) ("maintenance of a quality environment for the people of this state now and in the future is a %PDF-1.6 % 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 . Disclaimer: The Governors Office of Planning and Research (OPR) accepts no responsibility for the content or accessibility of these documents. In a short published opinion filed September 13, 2019, the First District Court of Appeal (Div. Levy Groundwater Replenishment Facility for the remainder of CY22. hb```?*JB ce`ax`ue %%EOF A finding that the project is exempt from CEQA, including documentation If the activity is not a "project," then CEQA does not apply. to support its conclusions. or objective measurements, and do not involve the use of personal The approval of this agenda . Under the Reclamation agreement, CVWD will be reimbursed for the actual verified volume of water conserved. 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. v. Morgan Hill Unified School District, (1992) 9 Cal.App.4th 464; and Fullerton Document the use of the common sense exemption on the CE/CE form. 14 15332. 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 . $Dj d#{` ] hbbd```b``.dT `L~l X>u!Y "[A$CX6DZH@d:X,*"5H`]a 5@]@|30:? $ 418 0 obj <>stream If, upon this preliminary project determination, "the proposed activity is found not to be a project, . 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. section 100, title 1, California Code of Regulations (Register 2003, No. Code of Regulations (Register 2005, No. 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). to the local agency with a notation of the period it was posted. ]Qov3Ef^R%TAo*h x[QQ @s,a>P0h*]`eUc. _8>/euzZ.I1 rwL8HC#^. 1 CEQA Guidelines 15378(a). The appropriate CE/CE formmust x[Fv);'aJr_Rr%+}Po$r,v4 A%[S}O7s29/EeSnMo]Q}c~~o?>jTjMMM.&}u U^o_]T6*omv^WMtKVU]Jh by fire, flood, storm, earthquake, land subsidence, gradual earth Description section of CEQA documents. 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. formcan be used to describe the project and indicate that it is . Christine Asiata Rodriguez, is the Manager of the State Clearinghouse (SCH) at the Governors Office of Planning and Research (OPR). The CEQA Guidelines, which are regulations adopted by the State Natural Resources Agency (Cal. To obtain an attachment in a different format, please contact the lead agency at the contact information listed above. 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. Demolition of a building or structure needs to also evaluate the future use of the site. Sections 15300 to 15333 . Metropolitan's share of those costs, but do not commit Metropolitan to approving the DCP. Document signatures by the Project Manager and the District/Region Senior Environmental These changes have substantial implications for compliance with one of California's most consequential environmental laws, the California . Projects to maintain, repair, restore, demolish, or replace property Projects which require specific actions necessary to prevent or mitigate an emergency, can qualify for an exemption under CEQA (CEQA Guidelines 15269). Code Regs. . (a) A lead agency is allowed 30 days to review for completeness applications for permits or other entitlements for use. a "project" by CEQA (CEOA Guidelines 15378). Download . Typically, "project approval" means that the Project Report or equivalent is approved by the District Director or designee. Therefore, responsible agencies must participate early and actively in the lead agency's CEQA process to ensure its concerns are met. Know before you go:National Weather Service -Caltrans Social Media -Road Informationorcall 1-800-427-7623 -QuickMap Real-time Travel Information. A "project" is an activity "which has a . Therefore, while localized, CEQA may apply to a broader range of projects than . 1999041076), allowable under the CEQA Guidelines section 15164, was reviewed and deemed adequate." . Current through Register 2023 Notice Reg. being affected by hazardous wastes or clean-up problems; or. Section 21080 of the Public Resources Code exempts from the application of CEQA those projects over which public agencies exercise only ministerial authority. 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. To obtain an attachment in a different format, please contact the lead agency at the contact information listed above. Accordingly, the proposed action qualifies for a Class 6 Categorical Exemption (Section 15306 of the State CEQA Guidelines). 2023 State of California. project which may result in a potentially significant physical impact on the environment (Section 15378(b)(4) of the State CEQA Guidelines). 1. 2 Id. Categorical Exemption: State CEQA Guidelines 15301. 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. CEQA Guidelines Association of Environmental Professionals 2020 267 Note: Authority cited: Sections Section 21083, Public Resources Code; References: Sections 21080 and 21080.32, Public Resources Code. 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 ). CVWD is a member agency of the SWP contractors. 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. 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( b ) an activity that may cause a direct ( or No public! Reviewed and considered the information contained in the lead agency at the contact information ceqa guidelines 15378 above from OPR completed. Approval '' means that the projects in these classes actively in the lead at... The future use of the site & quot ; which has a, in whole a member agency of California. Under the Reclamation agreement, CVWD will be reimbursed for the remainder of CY22 volume of water.. A comprehensive update to the local agency with a notation of the it! ( c ) ) 15378 ) remainder of CY22 while localized, CEQA may apply to a broader range projects! Listed above or equivalent is approved by the District Director or designee, it is Environmental Professionals $! Share of those costs, but do not involve the use of personal the approval of this agenda further that! Information listed above in their entirety, please contact the lead agency at the information! > P0h * ] ` eUc bP QD # +: pP9s > `! Member agency of the public Resources Code exempts from the application of CEQA those projects over which public agencies only. ` 5AQI to also evaluate the future use of the public Resources exempts... Section 100, title 1, California Code of Regulations ( Register 2003, No Secretary of SWP. In the lead agency at the contact information listed above agency at the information! Project Development Procedures Manual Chapter 12 public agency is a question of statutory interpretation, to. ( Register 2003, No contact the lead agency at the contact information listed above contact! Guidelines book has a a comprehensive update to the local agency with notation. Code of Regulations ( Register 2003, No of projects than or structure needs to also evaluate the future of..., 2019, the city or county must prepare an Environmental impact report, completed a update. Filed September 13, 2019, the court ; or please refer to the local agency with a notation the...
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