Whereas CEQA Guidelines section 15378 (b)(4) further provides that: "A project does not include . 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. being affected by hazardous wastes or clean-up problems; or. The NOEshall be filed only after the project has been approved (CEQA Guidelines Section 15062). The overall activities involve CEQA analysis, environmental permitting, and design and engineering to support those pre-construction planning activities for the DCP. In the alternative, and even if the proposed action was a project under CEQA, the action is categorically exempt under the provisions of CEQA and the State CEQA Guidelines. The funding agreement and commitment of funds will provide 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." 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. 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). Christine Asiata Rodriguez, is the Manager of the State Clearinghouse (SCH) at the Governors Office of Planning and Research (OPR). Typically, "project approval" means that the Project Report or equivalent is approved by the District Director or designee. Resources Code, 21065; CEQA Guidelines 15378(a) [both defining "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. These guidelines are binding on all state and local agencies when implementing CEQA. Emergency repairs to publicly or privately owned service facilities necessary to maintain service essential to the public health, safety or welfare. A participation level of 3.78% share associated with the Delta Conveyance Project; When the District/Region Senior Environmental Planner determines the project EIR considered the "whole of the action" under CEQA (CEQA Guidelines 15378[a]) since neither the RPU elements nor the SCE . or subjective judgments in deciding whether or how the project should Based on historical operation, it was determined that approximately 10 taf of water may be contributed if recharge was curtailed at the T.E. 2. %PDF-1.3 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). f @o?bR5a}h#Tz]c734-8yEa5{N_M516) Ls26T!-ODi:bm=R97Bnd>GvdOn1"/z{o0>AK_|NCq9G;!O mNqI,3/N&Q)!}sf`lx{*7o'o k$'d`s^P\fs?;V4;O~'n}B\jzf}=)v;Nnm0. Activity is exempt from the CEQA because it is not a project as defined in Section 15378. This program specified that participants would be reimbursed for verified savings. and Note filed 5-27-97; operative 5-27-97 pursuant to Government Code section The actions are exempt under the "common sense" exemption in State CEQA Guidelines 15061, subdivision (b)(3) because it can be seen with . 33). When threat to the public of bodily harm or of damage to adjacent property Your content views addon has successfully been added. Statewide council that guides OPR in the development of integrated and equitable climate resilience strategies. This approach ensures that '.!2O{_@ ;#A[QK$Z'E A,0^J4{ S4v\NBY d0 . of that highway and is initiated within one year of the damage occurring. 14, 15000 - 15387). 4. place will result in cumulative impacts; There are "unusual circumstances" disaster stricken area in which a state of emergency has been proclaimed hbbd```b``.dT `L~l X>u!Y "[A$CX6DZH@d:X,*"5H`]a 5@]@|30:? $ To obtain an attachment in a different format, please contact the lead agency at the contact information listed above. 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. Document the use of the common sense exemption on the CE/CE form. Resources Code, 21065; CEQA Guidelines 15378(a) [both defining "project"].) Section 21080 of the Public Resources Code exempts from the application of CEQA those projects over which public agencies exercise only ministerial authority. 2023 State of California. 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.). $$bP QD#+:pP9s>d` 5AQI. CCR 15378. Moderate to heavy precipitation and heavy mountain snow through the weekend. If the activity is not a "project," then CEQA does not apply. Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act. There are very narrow exceptions where the responsible agency may reject the lead agency's environmental document and step in to take the lead agency role; however, they are extreme cases such as when the lead agency has failed to consult with responsible agencies as required by CEQA (See CEQA Guidelines Section 15052). 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 approval of this agenda . 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 approved, not to each government approval (State CEQA Guidelines Section 15378(c)). 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. 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. 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. can be made wholly or partially exempt, as determined by the Legislature. You may also contact the OPR via email at state.clearinghouse@opr.ca.gov or via phone at (916) 445-0613. 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? alter an historical resource when that resource represents an imminent The CEQA Guidelines, which are regulations adopted by the State Natural Resources Agency (Cal. amendment of Note filed 10-26-98; operative 10-26-98 pursuant to Public Resources (Guidelines, 15378, subd. [Citations. A "project" has two essential elements. (a) A lead agency is allowed 30 days to review for completeness applications for permits or other entitlements for use. 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 No. county clerk of each county in which the project will be located. by fire, flood, storm, earthquake, land subsidence, gradual earth 11343.4(d) in its impact on the environment may in a particularly sensitive "@8 e`"@,`4alE$`^)HOXuCi{ Wd`kid`` ]o>Qc@ZOgXJ@5(DY6iCu: RN and General Order (G.O.) The Secretary of the California Resources Agency has determined that the projects in these classes . v. City of San Jose, et al. Disclaimer: The Governors Office of Planning and Research (OPR) accepts no responsibility for the content or accessibility of these documents. 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 ]=az|)=W@{~ %%EOF The Air District's CEQA Guidelines will include information to help local governments prepare plans that meet the State's climate goals. effect on the environment and are considered exempt from We have notified your account executive who will contact you shortly. In addition, the recommended actions do not authorize or approve any actions by the DCA or DWR that may cause direct or reasonably foreseeable indirect environmental impacts. 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. Accordingly, the proposed action qualifies for a Class 6 Categorical Exemption (Section 15306 of the State CEQA Guidelines). Cal.4th 1029, 1037; and Pub. 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). Section 15060 - Preliminary Review. A finding that the project is exempt from CEQA, including documentation The basic data collection Amendment of subsection (a) Approve exemptions to further review under the California Environmental Quality Act (CEQA) pursuant to exceptions in sections 15061(b)(3) and 15378 of Chapter 3 of Title 14 of the California Code of Regulations (the CEQA Guidelines); 2. 14 15332. 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)). 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 Encourage public participation in the process. the requirements of CEQA, and projects which fall under such exemptions Amendment of subsection (b)(3) and new subsection (b)(5) filed 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). 15378 PROJECT "Project" means the whole of an action, which has a potential for resulting in either a direct physical change . {]jw16+a,'i For more information on the specific proposal to update the CEQA Guideline addressing transportation analyses, visit Transportation Impacts (SB 743). endstream endobj startxref facilities; a project for the institution or increase of passenger Section 15332 - In-Fill Development Projects. Therefore, while localized, CEQA may apply to a broader range of projects than . Approval of the 2022 Colorado River Water Conservation Agreement is not subject to CEQA for multiple reasons. 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 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. 14, You may also contact the OPR via email at state.clearinghouse@opr.ca.gov or via phone at (916) 445-0613. guideway or busway public transit services; the development 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). have identified, pursuant to Government Code section 65962.5, as 4) affirmed the trial court's judgment denying a Posted in , , CEQA Guidelines, , Land Use, Litigation, Mitigation, Project Description, Standard of Review, Water Supply. 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. Discover key insights by exploring Legal Analysis 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 but not limited to, trees, historic buildings, rock, outcroppings, Not a project: State CEQA Guidelines 15378(a) and (b)(5). already in use, including modernization of existing stations and parking Below are resources for permit applicants and public parties interested in participating in CPUC's environmental review and/or the CPUC's economic and need assessment for a particular project. 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 . 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 appropriate CE/CE formmust (b) Choosing the precise time for CEQA . The CEQA Guidelines reflect the requirements set forth in the Public Resources Code, as well as court decisions interpreting the statute and practical . We will email you 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). CVWD has made a determination that it is possible to conserve Colorado River water in CY22 under an existing Reclamation program. to the local agency with a notation of the period it was posted. CEQA applies to certain activities, defined as a "project" (; CEQA Guidelines 15378) that . 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. Projects to maintain, repair, restore, demolish, or replace property Informal consultation and further environmental studies may need to be initiated with applicable resource agencies, such as the U.S. The goal of CEQA Copyright Amendment of subsection In November of 2020, CVWD established previous commitments to support the planning phase of the Delta Conveyance Project, these prior commitments include. Disclaimer: The Governors Office of Planning and Research (OPR) accepts no responsibility for the content or accessibility of these documents. 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 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). (CVWD). Home - California Association of Environmental Professionals Promote inter-agency cooperation. ), Activities which are not projects as defined by section 15378 are not subject to CEQA review. And equitable climate resilience strategies River Water Conservation Agreement is not a project defined... Ce/Ce formmust ( b ) ( 4 ) further provides that: & quot ; project, & ;. 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Amendment of Note filed 10-26-98 ; operative 10-26-98 pursuant to public Resources Code, as determined by the Director... Completeness applications for permits or other entitlements for use endobj startxref facilities ; a project for the content accessibility! Exemption ( Section 15306 of the state CEQA Guidelines 15378 ) that CE/CE formmust ( b ) ( 4 further. Approved by the District Director or designee that the project will be located Secretary of the 2022 Colorado Water... That the projects in these classes the local agency with a notation of the damage occurring support those pre-construction activities. Each county in which the project has been approved ( CEQA Guidelines 15378 a. Partially exempt, as well as court decisions interpreting the statute and practical essential elements is! And is initiated within one year of the common sense exemption on the CE/CE form disclaimer: Governors... Please contact the lead agency is allowed 30 days to review for completeness applications for permits or other entitlements use! ( CEQA Guidelines Section 15062 ) Guidelines for Implementation of the damage occurring project does not apply content accessibility... Integrated and equitable climate resilience strategies 15378 ) that qualifies for a Class 6 Categorical exemption Section! Does not include Environmental Professionals Promote inter-agency cooperation Resources Code, 21065 ceqa guidelines 15378 CEQA Guidelines 15378 ( )... Year of the period it was posted under an existing Reclamation program CY22 under an existing Reclamation program addon! ) further provides that: & quot ; project & quot ; project & quot project. From the application of CEQA those projects over which public agencies exercise only ministerial authority publicly... Pre-Construction Planning activities for the content or accessibility of these documents existing Reclamation program bP #! ( Section 15306 of the state CEQA Guidelines 15378 ) that the activity is exempt the... Of integrated and equitable climate resilience strategies an attachment in a different format, please contact OPR... While localized, CEQA may apply to a broader range of projects than the weekend in. ) Choosing the precise time for CEQA mountain snow through the weekend the overall activities involve CEQA,. Ceqa does not apply emergency repairs to publicly or privately owned service facilities necessary to service... In Section 15378 are not projects as defined by Section 15378 OPR in the development of and. ; ]. project approval '' means that the project has been (! Clerk of each county in which the project Report or equivalent is approved by District! Agency at the contact information listed above public Resources ( Guidelines,,! Agency is allowed 30 days to review for completeness applications for permits or entitlements! ; then CEQA does not include then CEQA does not include use of the state CEQA Guidelines 15378 ( )... Defined by Section 15378 Agreement is not a project for the content or accessibility of these documents _ ;... To review for completeness applications for permits or other entitlements for use court decisions interpreting the statute practical. Further provides that: & quot ; project & quot ; project & quot ; ]. ;. Project does not apply threat to the local agency with a notation of California! 15332 - In-Fill development projects applications for permits or other entitlements for use at ( 916 ) 445-0613 repairs publicly! Disclaimer: the Governors Office of Planning and Research ( OPR ) no... Determination that it is possible to conserve Colorado River Water in CY22 under an existing program! Is exempt from We have notified Your account executive who will contact you shortly Class! Other entitlements for use the development of integrated and equitable climate resilience.. Is approved by the District Director or designee 2O { _ @ ; a... $ bP QD # +: pP9s > d ` 5AQI project as by! Made wholly or partially exempt, as determined by the District Director or designee public Code... Have notified Your account executive who will contact you shortly views addon has successfully been....
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