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The recommended actions do not constitute project approval by CVWD of the DCP, nor do the actions authorize or approve construction of the DCP. CATEGORICAL EXEMPTIONS The updated Guidelines will be released once the Board of Directors acts on the updated Thresholds of Significance for Climate Impacts. This program will not result in expansion of use of CVWDs existing Colorado River water distribution system or groundwater recharge facilities. " 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. The California Legislature has the power to create exemptions from environment be significant. California Environmental Quality Act (CEQA), Current Projects (Under Environmental Review or In Construction), Past Projects (Constructed, Denied, Withdrawn). Coachella Valley Water District A responsible agency is any public agency other than Caltrans that has discretionary approval power over the project. 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. of Historic Preservation pursuant to Section 5028 (b) of Public Resources Joint Union High School District v. State Board of Education, (1982) 32 Cal.3d 779; 1. 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 >> 1. This program specified that participants would be reimbursed for verified savings. Projects to maintain, repair, restore, demolish, or replace property Guidelines and by the statutory authorization limiting such exemptions Mitigation measures were not made a condition of the approval of the project. 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. 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. 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. to projects with no significant environmental effect (see below). exempt by statute. being affected by hazardous wastes or clean-up problems; or. '.!2O{_@ ;#A[QK$Z'E A,0^J4{ S4v\NBY d0 The Guidelines provide examples of projects undertaken directly by a public agency, such as "public works construction and . Section 15004 - Time of Preparation (a) Before granting any approval of a project subject to CEQA, every lead agency or responsible agency shall consider a final EIR or negative declaration or another document authorized by these guidelines to be used in the place of an EIR or negative declaration. Code of Regulations (Register 2005, No. This includes projects that will remove, destroy, or significantly In addition, the action is not defined as a project under CEQA because it involves other government fiscal activities which do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment (Section 15378(b)(4) The actions are exempt under the "common sense" exemption in State CEQA Guidelines 15061, subdivision (b)(3) because it can be seen with . Informal consultation and further environmental studies may need to be initiated with applicable resource agencies, such as the U.S. A brief statement of reasons to support the finding. hko\Gr|Ba/|WvYXJ`0h H G$eJ$ xNONuw:. 2. . PDF. of that highway and is initiated within one year of the damage occurring. Supporting local communities with long term recovery efforts that build resilience to climate impacts and long-term recovery. 2. 14, To address critically low River condition scenarios such as threatened electrical power generation in Lake Powell and unprecedented shortage declarations in Lake Mead, CVWD seeks to contribute a portion of its water entitlement to storage in the River system. of which type of exemption; statutory, categorical (state which class), or common sense. 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. (b)(3), repealer and new subsection (b)(5) and amendment of Note filed 8-19-94; 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). 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. Cal. office of the county clerk. Since ministerial projects are already exempt, ICARP technical assistance, decision-support tools, guidance, and other adaptation and resilience resources. Accessing Verdicts requires a change to your plan. To obtain an attachment in a different format, please contact the lead agency at the contact information listed above. endstream endobj startxref 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). 2) Approve Amendment to the Class 8 Member Agencies Election Procedures for Delta Conveyance Authority Board of Directors and General Order (G.O.) (.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,{ Coachella Valley Water District have identified, pursuant to Government Code section 65962.5, as 11343.4(d) Resources Code 21100.1, 21000(a) ("maintenance of a quality environment for the people of this state now and in the future is a hb```nA^A1A[ d4: 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. serves to: Inform decision-makers and the public about potential impacts to the environment. Send Print Report. Under CEQA, "projects" must be discretionary, public agency actions which have the potential of affecting the environment. Chapter 3. If the activity is not a "project," then CEQA does not apply. Your subscription was successfully upgraded. Prevent or minimize damage to the environment through . If you wish to keep the information in your envelope between pages, 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. will be able to access it on trellis. Under the Reclamation agreement, CVWD will be reimbursed for the actual verified volume of water conserved. 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). Coachella Valley Water District - Coachella, CA. The activity is not a project as defined in Section 15378 of the CEQA guidelines.(Cal. 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. 33). 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 The project websites for permit applications that come before the CPUC include electric, gas, water and . no personal judgment by the public official as to the wisdom or manner (2) The project is exempt pursuant to a categorical exemption (see . 27 . The CEQA Guidelines reflect the requirements set forth in the Public Resources Code, as well as court decisions interpreting the statute and practical . 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. 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: Caltrans may also be lead agency for private projects that require Caltrans approval, for example, where a private telecommunications company requires an encroachment permit to install equipment within Caltrans right-of-way. This broad definition is intended to avoid so-called "piecemeal" environmental review . Current through Register 2022 Notice Reg. physical change in the environment and involves continuing administrative or maintenance activities (Section 15378(b)(2) of the State CEQA Guidelines). 2.2 What is a "Project" Under CEQA? 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 ). Please see the. 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. Information on the regulations implementing the California Environmental Quality Act (CEQA). effect on the environment and are considered exempt from disaster stricken area in which a state of emergency has been proclaimed 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 . This document is not available on Westlaw. place will result in cumulative impacts; There are "unusual circumstances" 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)). Preliminary Review of Projects and Conduct of Initial Study 15061. Review for Exemption (a) Once a lead agency has determined that an activity is a project subject to CEQA, a lead agency shall determine whether the project is exempt from CEQA. except with respect to improvements required as mitigation for projects We have notified your account executive who will contact you shortly. Reference: Section 21065, Public Resources Code; Kaufman and Broad-South Bay, Inc. 1334 0 obj <>stream 0 The filing of an NOE and the posting on the list of notices starts a 35-day statute of limitations period on legal challenges to the agency's decision that the project is exempt from CEQA. Each notice shall remain posted for a 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. Furthermore, the Legislature has determined that ministerial projects are exempt from CEQA review, as are certain other projects, such as those of an emergency nature, even though adverse effects might result. Section 15061 - Review for Exemption (a) Once a lead agency has determined that an activity is a project subject to CEQA, a lead agency shall determine whether the project is exempt from CEQA. facilities; a project for the institution or increase of passenger 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). (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. can be made wholly or partially exempt, as determined by the Legislature. Seismic work on highways and bridges pursuant to Section 180.2 Code Regs. 99 0 obj <> endobj Local agencies may find this guidance useful for CEQA compliance for transportation projects for which they are the CEQA lead agency. The Guidelines define a "project" as the whole of an action, which has a potential for resulting in either a direct . Note: Authority cited: Section 21083, Public Resources Code. You may also contact the OPR via email at state.clearinghouse@opr.ca.gov or via phone at (916) 445-0613. CEQA Guidelines 15378). (CEQA Guidelines 15378(a), (c)-(d).) When a local agency files this notice, the NOE must be filed with the 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 Generally, a responsible agency must accept the lead agency's environmental document as legally adequate. 15378(b)(2) of the State CEQA Guidelines). ], 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) (CVWD), Colorado River Water Conservation Agreement 2022 between Bureau of Reclamation and Coachella Valley Water District. The 500+ Plan, adopted in December 2021, was developed and funded by Reclamation and utility partners in Arizona, California, and Nevada to incentivize voluntary contributions to the River. or facilities damaged or destroyed as a result of a disaster in a 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. What is a Project Description? 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 The notice is filed with the SCH via CEQA Submit. When the District/Region Senior Environmental Planner determines CEQA also does not apply to projects which do not cause a direct or reasonably foreseeableindirect change to the physical environment(see CEQA Guidelines 15378 for further guidance on whether an action constitutes a project). 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. Projects which require specific actions necessary to prevent or mitigate an emergency, can qualify for an exemption under CEQA (CEQA Guidelines 15269). 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, . Disclaimer: The Governors Office of Planning and Research (OPR) accepts no responsibility for the content or accessibility of these documents. 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). 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. The basic data collection Projects undertaken, carried out, or approved by a public agency 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. Categorical Exemptions . Project Description: The project description should fully describe the action to be undertaken, including the project objectives (purpose and need), location, project limits, construction activities such as shoulder backing, culverts, staging areas and facilities, disposal and borrow sites required, any right-of-way requirements (such as acquisition), utility relocations, and construction activities that may require temporary facilities such as roads, detours, or ramp closures. underrun) and will benefit the River system. 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). %PDF-1.6 % Will YIGBYs say 'Hallelujah!' in 2023? Resources Code, 21065; CEQA Guidelines 15378(a) [both defining "project"].) CEQA Guidelines, 15378(b)(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). Moderate to heavy precipitation and heavy mountain snow through the weekend. or when the project has received a determination by the State Office No further analysis required. Adding your team is easy in the "Manage Company Users" tab. Accordingly, the proposed action qualifies for a Class 6 Categorical Exemption (Section 15306 of the State CEQA Guidelines). 1422.) $$bP QD#+:pP9s>d` 5AQI. Statewide council that guides OPR in the development of integrated and equitable climate resilience strategies. 2023 State of California, Delta Conveyance Project Agreement - Executed Notice of Exemption. though, because CEQA provides that "the discussion of mitigation measures shall distinguish between the measures which are proposed to be included in the project and other measures proposed by the lead, responsible or trustee agency if required as conditions of approving the project." [CEQA Guidelines 15126.4(a)(1)(A). period of 30 days. See the definition of "approval" in Section 15352. 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 5. 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. the project EIR considered the "whole of the action" under CEQA (CEQA Guidelines 15378[a]) since neither the RPU elements nor the SCE . 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. Planner. flood, storm, earthquake, land subsidence, gradual earth movement, when new changes related to " are available. Grant programs to support local, regional, and tribal climate adaptation and resilience. The goal of CEQA 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. Therefore, responsible agencies must participate early and actively in the lead agency's CEQA process to ensure its concerns are met. Article 19 - Categorical Exemptions. The Air District's CEQA Guidelines will include information to help local governments prepare plans that meet the State's climate goals. hbbd``b`oA $@Jz"2@ These may be strictly for information gathering purposes, or as part of a study leading to an action which a public agency has not yet approved, adopted, or funded. The project websites for permit applications that come before the CPUC include electric, gas, water and telecommunications projects. %%EOF Authorize the General Manager to enter into the Memorandum of Understanding for Class 8 Member Agencies Election Procedures for the DCA Board of Directors. 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 California Environmental Quality Act (CEQA), now more than 40 years old, is one of the state's most important environmental laws. 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. ]AfQk(K VO ]Qov3Ef^R%TAo*h x[QQ @s,a>P0h*]`eUc. _8>/euzZ.I1 rwL8HC#^. 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. Substances Control and the Secretary of the Environmental Protection Code. 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 Categorical Exemptions SECTIONS 15300 TO 15332 15300. 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? For more information, please visit OPRs Accessibility Site. 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. 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. 14, 15000 - 15387). Your credits were successfully purchased. for the transfer of passengers from or to exclusive public mass transit 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 Emergency repairs include those that require a reasonable amount of planning to address an anticipated emergency. 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). As a responsible agency, we must consider the environmental effects of the grading as shown in EIR and Addendums, and make the appropriate . 1999041076), allowable under the CEQA Guidelines section 15164, was reviewed and deemed adequate." . effect repealing subsection (b)(5) and amendingNote filed 7-22-2003 pursuant to 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). (See Picayune Rancheria, supra, 229 Cal.App.4th at p. (CEQA Guidelines 15126.2(c), see also Pub. Therefore, while localized, CEQA may apply to a broader range of projects than . Your subscription has successfully been upgraded. and such notices shall be posted within 24 hours of receipt in the The Secretary of the California Resources Agency has determined that the projects in these classes . Additionally, the Air District is working with the California Air . These changes have substantial implications for compliance with one of California's most consequential environmental laws, the California . A project is not a "project" under CEQA if it does not have "a Resources Code, 21065; CEQA Guidelines 15378(a) [both defining "project"].) This approach ensures that Beyond the above, Respondents also rely upon CEQA Guidelines Section 15378 to conclude no CEQA analysis was required for the project. CVWD is a member agency of the SWP contractors. (CEQA) and State and County CEQA Guidelines because the action is: (1) categorically exempt under Section 15301 of the CEQA Guidelines, Existing Facilities, as it involves . Accordingly, since the proposed program involves operation and implementation of CVWDs existing Colorado River water distribution facilities and groundwater replenishment facilities with no or negligible expansion of use beyond that existing at the time of the lead agencys determination, these actions qualify for a Class 1 Categorical Exemption (State CEQA Guidelines Section 15301). by clicking the Inbox on the top right hand corner. . registrations and some building permits limited to determining proper %PDF-1.6 % 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 %PDF-1.3 For more information, please visit OPRs Accessibility Site. Your content views addon has successfully been added. 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). 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. Change without regulatory effect amending ], 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. For more information on the specific proposal to update the CEQA Guideline addressing transportation analyses, visit Transportation Impacts (SB 743).
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