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. $Dj d#{` ] Upon completion of the review, the Project . CEQA Guidelines, 15378(b)(4). [Citations. 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). Such decisions use a series of fixed standards The recommended actions do not constitute project approval by CVWD of the DCP, nor do the actions authorize or approve construction of the DCP. (a) A lead agency is allowed 30 days to review for completeness applications for permits or other entitlements for use. (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 . . or similar resources, within an officially designated scenic highway, environment be significant. Since ministerial projects are already exempt, endstream endobj startxref Code Regs., tit. ), Activities which are not projects as defined by section 15378 are not subject to CEQA review. . The notice is filed with the SCH via CEQA Submit. Your alert tracking was successfully added. Thus, even if the Lead Agency needs to grant more than one approval for a project, only one CEQA document should be prepared. (See CEQA Guidelines, 15357 [definition of "discretionary project"].) Guidelines and by the statutory authorization limiting such exemptions 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 4 0 obj 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. (Register 97, No. The Agreement with U.S. Bureau of Reclamation (Reclamation) will allow CVWD to conserve usage of imported Colorado River water through curtailment of groundwater replenishment activities in Calendar Year 2022 (CY22). For more information, please visit OPRs Accessibility Site. California Resources Agency (2002) 103 Cal.App.4th Responsible agencies must actively participate in the lead agency's CEQA process and consider the lead agencys environmental document prior to acting upon or approving the project. 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. try clicking the minimize button instead. The goal of CEQA Change without regulatory effect amending approved, not to each government approval (State CEQA Guidelines Section 15378(c)). 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). Typically, "project approval" means that the Project Report or equivalent is approved by the District Director or designee. 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). Posted in , , CEQA Guidelines, , Land Use, Litigation, Mitigation, Project Description, Standard of Review, Water Supply. Your subscription has successfully been upgraded. 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. serves to: Inform decision-makers and the public about potential impacts to the environment. 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 Local agencies may find this guidance useful for CEQA compliance for transportation projects for which they are the CEQA lead agency. See the definition of "approval" in Section 15352. 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). CEQA. 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). hbbd```b``.dT `L~l X>u!Y "[A$CX6DZH@d:X,*"5H`]a 5@]@|30:? $ (b)(3), repealer and new subsection (b)(5) and amendment of Note filed 8-19-94; and Note filed 5-27-97; operative 5-27-97 pursuant to Government Code section (2) The project is exempt pursuant to a categorical exemption (see . Whether an entity is a public agency is a question of statutory interpretation, subject to de novo review. 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). 385 0 obj <> endobj Information on the regulations implementing the California Environmental Quality Act (CEQA). in codes other than the Public Resources Code. 6. Whereas CEQA Guidelines section 15378 (b)(4) further provides that: "A project does not include . Prevent or minimize damage to the environment through . 1422.) already in use, including modernization of existing stations and parking (See, CEQA Guideline 15378(c).) Under CEQA, "projects" must be discretionary, public agency actions which have the potential of affecting the environment. x[Fv);'aJr_Rr%+}Po$r,v4 A%[S}O7s29/EeSnMo]Q}c~~o?>jTjMMM.&}u U^o_]T6*omv^WMtKVU]Jh exempt by statute. underrun) and will benefit the River system. Examples of ministerial projects would include automobile These actions are not %%EOF This document is not available on Westlaw. PDF. Article 18, commencing with Section 15260). 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. [RMM Counsel of record: Whitman F. Manley, Tiffany K. Importantly, the court . What is a Project Description? guideway or busway public transit services; the development gwhYlb.pWa*AKKP=g1L CEQA Guidelines, 15378(b)(2). Accessing Verdicts requires a change to your plan. 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. 2. Generally, a responsible agency must accept the lead agency's environmental document as legally adequate. A "project" is an activity "which has a . creating the reasonable possibility of significant effects; The project may result in damage to scenic resources, including, state scenic highways, nor any project undertaken, carried out, or Ventura County (1975) 51 Cal.App.3d 648; and Communities for a Better Environment v. }pNV^)8hN_&NLv@l0 The Court further rejected the District's attempt to rely on another categorical exemption, Guidelines 15378(b)(5), which states that "[o]rganizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment" are not CEQA projects. A trustee agency means a state agency having jurisdiction by law over natural resources affected by a project that are held in trust for the people of the State of California. 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. for the transfer of passengers from or to exclusive public mass transit The purpose of the environmental review process is to ensure that environmental constraints and 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. 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. Tit. disaster stricken area in which a state of emergency has been proclaimed Discretionary or Ministerial . Please see the Emergency Projects and Environmental Compliance pagefor additional information. 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). No. For more information on the various types of project approval documents, please refer to the Project Development Procedures Manual Chapter 12. "@8 e`"@,`4alE$`^)HOXuCi{ Wd`kid`` ]o>Qc@ZOgXJ@5(DY6iCu: RN %PDF-1.6 % can be made wholly or partially exempt, as determined by the Legislature. Prevent or reduce environmental impacts. Authorize the General Manager to enter into the Memorandum of Understanding for Class 8 Member Agencies Election Procedures for the DCA Board of Directors. . Therefore, responsible agencies must participate early and actively in the lead agency's CEQA process to ensure its concerns are met. CEQA Guidelines 15378). %PDF-1.5 % stream The local agency shall retain the notice for not less than 9 months. 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). A project that is ordinarily insignificant Disclaimer: The Governors Office of Planning and Research (OPR) accepts no responsibility for the content or accessibility of these documents. v. City of San Jose, et al. Emergency repairs include those that require a reasonable amount of planning to address an anticipated emergency. Amendment of subsection 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 The work funded by this action is limited to pre-construction costs, so there is no possibility of any potential impacts to the environment. amendment of Note filed 10-26-98; operative 10-26-98 pursuant to Public Resources 1. effect on the environment and are considered exempt from 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. For more information, please visit OPRs Accessibility Site. to projects with no significant environmental effect (see below). facilities; a project for the institution or increase of passenger Amendment of subsection (b)(3) and new subsection (b)(5) filed Thereafter, the clerk shall return the notice For more information, please visit OPRs Accessibility Site. 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. Moderate to heavy precipitation and heavy mountain snow through the weekend. A participation level of 3.78% share associated with the Delta Conveyance Project; The overall activities involve CEQA analysis, environmental permitting, and design and engineering to support those pre-construction planning activities for the DCP. improvement program, or a congestion management program. hko\Gr|Ba/|WvYXJ`0h H G$eJ$ xNONuw:. Resources Code, 21065; CEQA Guidelines 15378(a) [both defining "project"].) or objective measurements, and do not involve the use of personal Authorize funding for CVWDs share of the environmental planning and preliminary design, and pre-constructions costs for 2021 and 2022, not to exceed $4,261,248; "Emergency" includes such occurrences as fire, flood, earthquake, or other soil or geologic movements, as well as such occurrences as riot, accident, or sabotage." 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