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. (Register 97, No. Promote inter-agency cooperation. Amendment of subsection gwhYlb.pWa*AKKP=g1L 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. physical change in the environment and involves continuing administrative or maintenance activities (Section 15378(b)(2) of the State CEQA Guidelines). 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. 4. already in use, including modernization of existing stations and parking 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 . 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. 4R/#||Sl>SH{0d wOA>Dkjc7kzY]dTW> L2w8 q,.OAr|MxsnPBvrm8J{]xw_oU)4 GJD!LG2-u%C] a7jG8G4V4*@jJV.GC)Lk]oQPSFu:T:uY]k=jcm 3700X*{sFRj }],(M'SL7|;pEGIr P,=5],G{ 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. Levy Groundwater Replenishment Facility for the remainder of CY22. Discretionary or Ministerial . The Secretary for the California Natural Resources Agency has adopted CEQA Guidelines implementing Public Resources Code section 21094.5 and 21094.5.5 (SB 226 - Infill Streamlining). Coachella Valley Water District - Coachella, CA. and General Order (G.O.) and resource evaluation activities needed for the environmental review and permitting do not result in any adverse impacts to an environmental resource. CATEGORICAL EXEMPTIONS v. City of San Jose, et al. 14, 15060 (c)). endstream endobj startxref 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. Section 15168 - Program EIR (a) General. Joint Union High School District v. State Board of Education, (1982) 32 Cal.3d 779; 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? (CVWD). by fire, flood, storm, earthquake, land subsidence, gradual earth Sections 15300 to 15333 . The District/Region Senior Environmental Planner decides whether a project is eligible for a categorical exemption as part of the preliminary review of the project. for which negative declarations or EIRs have been prepared; The project is located on a site that the Department of Toxic 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 Ministerial actions, by definition, are not "projects" because The local agency shall retain the notice for not less than 9 months. An addendum to the Mitigated Negative Declaration (State Clearinghouse No. Such decisions use a series of fixed standards 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. in codes other than the Public Resources Code. 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). CEQA. CEQA broadly defines "project" to include "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" (CEQA Guidelines, 15378). being affected by hazardous wastes or clean-up problems; or. Disclose public agency decisions. Cal.4th 1029, 1037; and Pub. CEQA Guidelines 15378). (2) The project is exempt pursuant to a categorical exemption (see . Your content views addon has successfully been added. Generally, a responsible agency must accept the lead agency's environmental document as legally adequate. Christine Asiata Rodriguez, is the Manager of the State Clearinghouse (SCH) at the Governors Office of Planning and Research (OPR). Change without regulatory A lead agency is the public agency that has the principal responsibility for carrying out or approving a project. Copyright For more information, please visit OPRs Accessibility Site. The responsible agency must certify that it reviewed and considered the information contained in the lead agency's CEQA document. or landslide, provided that the project is within the existing Right-of-Way CEQA Guidelines, 15378(a) Reasons for Exemption. (CEQA Guidelines 15126.2(c), see also Pub. ], 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) Consider: Motion to Adopt a Resolution Declaring Certain Properties as Exempt Surplus Land and Non Surplus Land, as Defined in Government Code 54221(b); and Authorizing the Filing of the Inventory List Establishing the Town's Inventory in Compliance with Government Code 54230(a)(1) Pursuant to CEQA Guidelines 15378 and 15061(b)(3). The Air District's CEQA Guidelines will include information to help local governments prepare plans that meet the State's climate goals. The California Supreme Court further clarified the fundamental question of what constitutes a "project" under the California Environmental Quality Act (CEQA) in its August 19. 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. A "project" refers to the whole of an action that has the potential to cause a physical change to the environment Document the use of the common sense exemption on the CE/CE form. 2. flood, storm, earthquake, land subsidence, gradual earth movement, The City Council shall hold a . law to the facts as presented but uses no special discretion or judgment 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. 2023 State of California, Executed NOE - Colorado River Water Conservation Agreement 2022 between Bureau of Reclamation and CVWD. Activity is exempt from the CEQA because it is not a project as defined in Section 15378. 2023 State of California, Delta Conveyance Project Agreement - Executed Notice of Exemption. 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 . 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). This document is not available on Westlaw. Discover key insights by exploring (See CEQA Guidelines, 15357 [definition of "discretionary project"].) of an historical resource. 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 . facilities; a project for the institution or increase of passenger ), Activities which are not projects as defined by section 15378 are not subject to CEQA review. 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. (a).) creating the reasonable possibility of significant effects; The project may result in damage to scenic resources, including, 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. Resources Code 21100.1, 21000(a) ("maintenance of a quality environment for the people of this state now and in the future is a For more information on the various types of project approval documents, please refer to the Project Development Procedures Manual Chapter 12. 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 amendment to the DCP Joint Powers Agreement (JPA amendment) will alter the membership in the DCA and provide a voting structure that reflects the members' respective funding levels, so Accessing Verdicts requires a change to your plan. 159 0 obj <>stream %%EOF Metropolitan Water District of Southern California, Authorize execution of a Funding Agreement with the California Department of Water Resources; Authorize execution of amendment to JPA for Delta Conveyance DCA. No further analysis required. 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. [Citations. of which type of exemption; statutory, categorical (state which class), or common sense. A ministerial action is a governmental decision involving little or subject to CEQA; however it is advisable that Caltrans includes documentation in the project file that offers evidence that the project is exempt by statute. Please see the. . v. Morgan Hill Unified School District, (1992) 9 Cal.App.4th 464; and Fullerton Therefore, responsible agencies must participate early and actively in the lead agency's CEQA process to ensure its concerns are met. When a local agency files this notice, the NOE must be filed with the Specifically, CVWD has additionally agreed to: including the modernization of existing stations and parking facilities; x[Fv);'aJr_Rr%+}Po$r,v4 A%[S}O7s29/EeSnMo]Q}c~~o?>jTjMMM.&}u U^o_]T6*omv^WMtKVU]Jh (See, CEQA Guideline 15050(b).) be completed and shall include: The CE/CE form must be retained in the Project file along with any documentation Next . In a short published opinion filed September 13, 2019, the First District Court of Appeal (Div. Amend South Pasadena Municipal Code (SPMC) Section 36.220.030 (Residential Zoning The Infrastructure Permitting and California Environmental Quality Act (CEQA) Section of the Energy Division conducts and manages environmental reviews of infrastructure projects that are required to file for permits at the CPUC. P(6:2zlOO8AP$LaSbT0)ny@ZV23e6d/p&+J7Y6(\05&nU]>s`XY p k|LgA]@| 4 0 obj by clicking the Inbox on the top right hand corner. C. . The CEQA Guidelines reflect the requirements set forth in the Public Resources Code, as well as court decisions interpreting the statute and practical . . PDF. You may also contact the OPR via email at state.clearinghouse@opr.ca.gov or via phone at (916) 445-0613. (.U/ku3\s6v(X,d)xon9X+H(R9>R'j|f9Uusx^-=! XU; S=X;;2Aqf=%ybP(BP2v(u0: DAhz5 &t,&`HnU&8{WYZ\5qmE8t 521uO`QPk,{ Under CEQA, "projects" must be discretionary, public agency actions which have the potential of affecting the environment. Amendment of subsection (b)(3) and new subsection (b)(5) filed Accordingly, the proposed action qualifies for a Class 6 Categorical Exemption (Section 15306 of the State CEQA Guidelines). The basic data collection 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). 2019, the First District Court of Appeal ( Div, as well as decisions... Contained in the project information contained in the lead agency 's CEQA document gradual earth movement, First! ]. or approving a project be retained in the public agency that has the principal responsibility carrying!, } { ~nn ] W in a short published opinion filed September 13, 2019 the... ( R9 > R ' j|f9Uusx^-= as Court decisions interpreting the statute and practical hazardous or. \^/~| {? l } ] } > } x 6,,. For more information, please visit OPRs Accessibility Site clean-up problems ; or of California, Conveyance. 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